SEVEN 


WITH  A COPY  OF 


AND  FORMS  OF 


55fir!Ssf  QJKorf^^ac^c  anD 


A UGTJSl'  7,  7 8 00 


5:tfo  gork: 

W.  H.  ARTHUR  & CO.,  PRINTERS  AND  STATIONERS, 
No.  39  Nassau  Stkeet. 


1869 


mmm 


^WW>4 


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sponsible for  its  return  on  or  before  the 
Latest  Date  stamped  below. 

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are  reasons  for  disciplinary  action  and  may 
result  in  dismissal  from  the  University. 

University  of  Illinois  Library 


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APR  2 0 19' 


L161— 0-1096 


mortgage 


SEVEN 


OF  THE 

DAIVILLE,  URBimi,  BLOOMlilON,  AHD  PEKIN 


WITH  A COPY  OF  ITS 


^ISTJD 

AND  FORMS  OF 


^ir^i  ^^[Uovi^di^Q  anD  "^STlorfj^a^c  ^3Boni)0» 


AUGUST  7,  7869. 




^efo  gork: 

W.  H.  ARTHUE  & CO.,  PRINTERS  AND  STATIONERS, 
No.  39  Nassau  Street. 

1869. 


^ 1 L Si  f n' 


r^-  ^■ 
■A  ' 


^ 


pi  RECTORS, 

Chosen  at  the  Annual  Meeting,  October  20,  1863. 


CLAKK  R.  GRIGGS.. 

WM.  H.  SMITH 

W.  J.  ERMENTROUT 
J.  O.  CUN^i INGHAM. 

JOHN  C.  SHORT 

AI.  M.  WRIGHT 

H.  R.  GILLESPIE.... 

WM.  Y.  McCORD 

JOHN  M.  DOWNING.. 
HENRY  CONKLING. . . 
GEORGE  MILLER  . . . . 

TIES  SMITH 

THOS.  KING 


Uebana,  III. 


Danvillf,  III, 


Piatt  Co.,  III. 

Mount  Pleasant,  III. 

Lekot,  III. 

. . . . Bloomington,  III. 
. . Mackinawtown,  III. 
Pekin,  III. 


^-XECUTIVE  j!:OMMlTTEE. 

W.  H.  SMITH,  w.  J.  ERMENTRODT, 

J.  0.  CUNNINGHAM,  , H.  E.  GILLESPIE. 


r 


FFICERS 


OF  p.,  p.,  p. 


CLARK  R.  GRIGGS 

TIES  SMITH 

WM.  H.  SMITH 

r THOS.  KING 


W.  J.  ERMENTROUT 
M.  AYRES 


AND  jP.  Ji.  po. 

Peesident. 

Vice-Peesident. 

SuPEEINTENDENT. 

Chief  Engineee. 

....  Seceetaet  and  Teeasueee. 
Attorney. 


P RUSTEES. 

FARMERS’  LOAN  AND  TRUST  COMPANY, 

OF  NEW  YORK. 


P 


Digitized  by  the  Internet  Archive 
in  2017  with  funding  from 

University  of  Illinois  Urbana-Champaign  Alternates 


r 


https://archive.org/details/firstmortgagesevOOdanv 


SEVEN  EER  CENT.  GOER 


First  Mortgage  Convertible  Bonds 

OF  THE 

JaiibHlc,  Hiijaim,  gloominutoii,  ant)  |fluu 

IL.  na  O.A.ID  C O HS/T  I>^3sr 
<JF  IJL.X^I]V01S. 

Principal  and  Interest  payable  in  Gold  at  the  Farmers*  loan  and  Trust 
Company f New  Yorki  Coupons  payable  April  and  October, 

FREE  OF  OOVERNMENT  TAX. 


The  Danville,  Urbana,  Bloomington,  and  Pekin  Kailroad, 
upon  which  property  these  bonds  are  issued,  is  now  in  process 
of  construction,  its  termini  being  the  cities  of  Danville  and 
Pekin,  both  in  Illinois.  The  length  of  the  road  is  117y^-o  miles  ; 
its  capital  stock  $3,000,000.  The  grading,  bridging,  and  all  the 
work  necessary  to  perfect  a complete  roadway,  has  been  already 
done,  and  the  whole  line  is  ready  for  the  rails.  These  are 
rapidly  being  put  down,  and  a portion  of  the  road  is  now  in 
successful  operation.  It  is  expected  that  the  whole  road  will  be 
completed  early  the  coming  autumn. 

These  bonds  are  convertible  into  stock  at  par,  at  the  option  of 
the  holder,  and  may  be  registered  in  the  name  of  the  owner,  at 
any  time,  if  desired.  The  total  amount  of  bonds  is  limited  to 
$2,000,000.  The  security  offered  is,  as  we  shall  show,  the  very 
best.  Already  sums,  nearly  equal  to  the  total  amount  of  bonds 
to  be  issued,  have  been  expended  on  the  road.  The  bonds, 
averaging  less  than  $18,000  per  mile,  are  secured  by  a first 
mortgage  on  the  whole  road  and  entire  property  of  the  Com- 


6 


pany.  The  road  runs  east  and  west  on  the  line  of  the  principal 
and  oldest  emigrant  wagon-road  in  the  State,  passing  through 
several  populous  towns  and  cities,  and  the  richest  agricultural 
district  in  Illinois — in  a word,  through  the  garden  of  the  Garden 
State.  Its  local  business  alone  will  suffice  to  make  it  a first- 
class  paying  road  ; while,  with  its  connections  with  many  prin- 
cipal lines,  its  through  trade  must  be  such  as  to  make  it  one  of 
the  most  profitable  in  the  country. 

The  road  will  be  consohdated  with  the  line  from  Danville  to 
Indianapolis,  making  a line  of  210  miles.  At  Indianapolis  con- 
nection will  be  made  with  all  the  through  lines  to  New  York  and 
Baltimore  ; at  Danville,  with  the  Toledo,  Wabash,  and  Western. 
In  fact,  the  road  will  form  a main  Hnk  in  the  direct  communica- 
tion of  the  principal  Atlantic  cities  with  southern  Illinois,  with 
Keokuk  and  Burlington,  Iowa,  and  thence  with  Omaha  and  the 
Pacific. 

It  will  complete  a direct  line  from  Boston  to  Peoria,  Keokuk, 
Burlington,  Omaha,  and  the  far  West,  via  Albany,  Buffalo, 
Cleveland,  and  the  Bellefontaine  Eailroad  to  Indianapolis  and 
Danville,  or  via  Toledo  and  Wabash  and  Western  Boad. 

It  will  form  the  most  direct  line  from  New  York  to  the  same 
points  West,  via  the  New  York  Central,  Lake  Shore,  and  Belle- 
fontaine Boads,  to  Indianapolis  and  DanviUe  ; or  via  the  Erie, 
Atlantic,  and  Great  Western,  to  Dayton,  Ohio  ; and  via  Indiana 
Central  to  Indianapolis,  Danville,  Bloomington,  etc.  ; as  well  as 
from  Philadelphia,  via  the  Penn.  Central,  to  Harrisburg,  Pitts- 
burg, Columbus,  Dayton,  and  Indianapolis. 

It  will  form  an  important  link  in  the  communication  of  Balti- 
more and  the  South  with  the  Great  West,  the  North-west,  and 
the  Pacific,  via  Baltimore  and  Ohio  Bailroad,  to  Parkersburg, 
Cincinnati,  Indianapolis,  Danville,  and  Peoria. 

Thus,  with  the  combined  advantages  of  a certainty  of  a re- 
munerative local  business  and  a through  business,  which,  as  a 
connecting  link  to  so  many  diverging  and  principal  lines,  it  must 
necessarily  have,  it  is  reasonable  to  presume  that  the  earnings  of 
this  road  must  exceed,  in  proportion  to  its  length,  those  of  any 
other  railroad  in  Illinois.  The  following  table  shows  the  earn- 
ings of  some  of  the  principal  railroads  in  Illinois  : 


7 


Railroads. 

Gross  Earnings. 

Miles 

Road, 

Earnings 
per  mJo. 

Chicago,  Alton,  and  St.  Louis 

...$3,892,861 

280 

$13,900 

Chicago  and  Northwestern 

. . .11,712,248 

1,152 

11,670 

Chicago,  Rock  Island,  and  Pacific . 

. ..  4,105,103 

410 

10,012 

Toledo,  Wabash,  and  Western 

...  3,783,820 

521 

7,261 

Illinois  Central 

...  7,160,991 

708 

10,115 

It  is  safe  to  estimate  tlie  receipts  of  tlie  Danville,  Urbana, 
Bloomington,  and  Pekin  R.  B.  for  the  first  year  at  $12,000  per 
mile,  or,  on  117.05  miles,  $1,404,600. 


FIRST  YEAR. 

Receipts,  as  estimated $1,404,600 

Estimated  expenses  as  follows  : 

Operating  expenses,  50  per  cent $702,300 

Interest  on  $2,000,000  gold  bonds,  7 per 

cent 140,000 

Premium,  40  per  cent,  on  $140,000  gold . 56,000 

Set  aside  as  Sinking  Fund 10,000 

908,300 


Leaving  a net  profit  over  interest  and  expenses.  . $496,300 


/ 


or  over  16  per  cent,  for  dividends  on  the  capital  stock  the  first 
year  of  its  operation.  Without  doubt,  a progressive  increase 
thereafter,  each  year,  would  be  the  result.  The  geographical 
location  of  the  road  is  alone  sufficient  to  convince  all  of  its  great 
value  and  usefulness. 

The  stock  of  the  Rock  Island  and  the  Illinois  Central,  the 
Chicago  and  Alton,  Burlington  and  Quincy  Roads,  are  all  selling 
at  from  above  par  to  nearly  200,  while  none  of  them  are  more 
favorably  located,  and  the  competition  of  them  all  is  much 
greater  than  this  can  have.  There  is  no  reason  why  the  stock 
of  this  road  shall  not  sell  as  high  as  either  of  the  above.  Hence, 
the  privilege  of  converting  these  bonds  into  stock  of  this  Com- 
pany at  par,  any  time  desired,  greatly  increases  their  value.  v 

After  having  personally  and  thoroughly  examined  this  road, 
we  accepted  the  agency  for  negotiating  its  bonds.  We  now 
offer  them  at  95  and  accrued  interest  in  currency.  With  the 
utmost  confidence  we  recommend  them  as  a reliable  and  safe 
security  and  profitable  investment. 


/ 


8 


At  the  present  price  they  pay  10  per  cent,  currency — over  45 
per  cent,  more  than  the  same  amount  invested  in  five-twenty 
bonds — besides  the  advantage  of  being  free  from  tax,  and  the 
prospect  of  a speedy  advance  in  the  stock  of  the  road  on  com- 
pletion, into  which  they  may  be  converted. 

Government  bonds  and  gold  received  at  their  market  value 
in  exchange^  without  commission.  Bonds  forwarded  by  express 
free  of  charge. 

Full  particulars  furnished  by  the  undersigned,  financial 
agents  of  the  Company. 

Turner  Brothers,  Bankers, 

14  Nassau  street.  New  York. 

New  York,  August  1,  1869. 


THE 

DANVILLE,  URBANA,  BLOOMINGTON,  AND 
PEKIN  RAILROAD  COMPANY. 


Capital  Stock,  limited $3,000,000 

First  Mortgage  Convertible  Bonds,  limited 2,000,000 


BRIEF  HISTORY  OF  THE  ENTERPRISE. 

Much  of  the  country  along  the  route  of  this  road  has  alwa^^s 
been  destitute  of  railway  transportation  for  the  products  of  the 
soil  ; and  the  want  of  adequate  facilities  for  taking  to  market 
the  great  and  rapidly  increasing  quantities  of  grain  and  stock 
annually  raised,  induced  a general  movement  of  the  people 
along  the  line  to  take  measures  for  the  speedy  construction  of  a 
railroad.  Meetings  were  held,  and  the  subject  presented  to  the 
public. 

In  the  summer  of  1866,  a preliminary  organization  was 
effected  under  the  General  Railroad  Laws  of  this  State,  and  the 
general  route  of  the  road  determined  upon.  Those  taking 
most  interest  in  the  subject  were  the  farmers  and  other  resi- 
dents along  the  route.  At  the  subsequent  session  of  the  Gen- 
eral Assembly  a most  liberal  Charter  was  granted  (a  copy  of 
which  wdll  be  found  in  this  pamphlet),  which  was  adopted  by 
the  Company,  and  subscriptions  were  made  to  its  capital  stock, 
under  the  provisions  of  the  Charter,  by  the  cities,  counties,  and 
towns  along  the  route,  as  follows  : 


10 


Township  of  Danville,  Vermillion  Co. 

$100,000 

cc 

St.  Joseph,  Champaign  Co . 

25,000 

CC 

Urbana,  “ 

CC 

100,000 

CC 

West  Urbana, 

CC 

75,000 

cc 

Middleton,  “ 

cc 

50,000 

cc 

Blue  Eidge,  Piatt 

cc 

40,000 

cc 

Santa  Anna,  De  Witt 

cc 

50,000 

cc 

West,  McLean 

cc 

10,000 

cc 

Leroy,  “ 

cc 

50,000 

cc 

Downs,  “ 

cc 

10,000 

cc 

Bloomington,  “ 

cc 

100,000 

cc 

Danvers,  “ 

cc 

30,000 

cc 

Mackinaw,  Tazewell 

cc 

10,000 

City  of  Pekin  “ 

cc 

50,000 

Countv  of  Tazewell 

100,000 

Town  and  county  subscriptions 

...  $800,000 

Other  subscriptions 

...  2,200,000 

Total.  . 

. . .$3,000,000 

The  subscriptions  were  made  by  the  county,  city,  and  town- 
ships, the  propositions  having  first  been  submitted  to  a vote  of 
the  people  ; and  as  an  evidence  of  the  favor  in  which  the  enter- 
prise was  held,  it  may  be  stated  that  the  elections  for  subscrip- 
tion were  carried  by  very  large  majorities,  and,  in  the  greater 
number  of  them,  almost  unanimously. 

In  the  spring  of  1867,  a preliminary  suiwey  of  the  line  was 
made,  and  in  the  following  October  the  work  of  grading  was 
commenced  at  two  different  points  on  the  line,  viz.,  at  Pekin  and 
Urbana.  The  grading,  bridging,  etc.,  have  been  done  with 
funds  realized  from  the  above-named  subscriptions. 

The  following  comparative  tables  are  compiled  from  the 
official  reports  of  assessments  for  taxation  in  the  counties 
named,  for  the  year  1866.  The  figures  representing  values  are 
only  about  one-fourth  the  true  value  ; and  now,  by  the  progres- 
sive increase  of  population  and  values,  they  no  doubt  are  nearly 
double  what  they  were  when  these  statistics  were  made  up  : 


Assessed  Value  of  Property  in  Counties  through  lohich  the  Danville,  Urhana,  Bloomington,  and  Pekin  Railroad  ptasses. 

LENGTH  OF  EOAD  117.5  MILES. 


11 


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LENGTH  OF  KOAD  252  MILES. 


12 


Value  of  Property  in  Counties  in  Illinois  through  lohich  the  Toledo,  Wabash,  and  Western  Railroad  passes. 

LENGTH  OF  HOAD  247  MILES. 


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It  will  be  observed  by  an  examination  of  the  foregoing  tables 
that  the  amounts  per  mile  of  each  item  noted  for  the  D.,  U.,  B., 
& P.  Road  are  greater  than  for  either  of  the  other  lines,  except 
for  merchandise  and  manufactures.  The  excess  of  these  items 
for  both  the  Chicago,  Alton,  and  St.  Louis,  and  the  Toledo, 
Wabash,  and  Western  roads  arises  from  the  large  retail  trade  of 
Springfield.  Both  of  those  roads  pass  through  that  city.  We 
have  selected  the  counties  along  the  routes  of  the  Chicago  and 
Alton  and  the  Toledo,  Wabash,  and  Western  railroads,  for  com- 
jDarison  with  the  route  of  the  D.,  U.,  B.,  & P.  Road.  These 
roads  pass  through  the  State  in  opposite  directions,  and  the 
general  character  of  the  country  through  wRich  they  run  is  the 
same  as  that  traversed  by  the  D.,  U.,  B.,  & P.  Railroad. 


CHARTER. 


J^prored  F^ruary  2ah,  1857, 


AN  ACT  TO  AMEND  THE  AbTICEES  OE  ASSOCIATION  OF  TDHE  T>ANVrLDE,  TTeHANA, 

Bloomington,  and  Pemin  Railroad  Company,  and  to  extend  the  powers 

OF,  AND  CONFER  A CSARTEB  OPON,  THE  SAME. 

Section  1.  Be  it  emcted  by  ihe  Peopk^f  Mm  ^te  vf  Illinoi&,  rep'esenied  in 
the  General  Assembly,  That  the  said  •(xs'pca’atioii  is  created  a body 

politic  and  corporate,  sinder  the  npme  and  st^e  csf  tte  Danville,  Urbana, 
Bloomington,  and  Pekin  Railroad  Companj,”  with  perpetaial  succession; 
and,  under  that  name  and  style,  shall  be  capable  of  suing  and  being  sued, 
pleading  and  being  impleaded,  defending  and  b^ng  defended  against,  in  law 
and  equity,  in  all  courts  and  places  wl^dsoever,  in  like  manner  and  as  fully 
as  natural  persons ; may  make  and  use  a common  ^ai,  and  alter  and  renew 
the  same  at  pleasure  ; and  by  their  ccjrp«>rate  name  and  style  shall  be  capable, 
in  law,  of  contracting  and  being  contracted  with;  shall  be,  and  are  hereby, 
invested  with  all  the  powers  and  privileges,  immunities  and  franchises,  of 
receiving  and  disposing  of  real  and  personal  estate,  which  may  be  needful  to 
carry  into  lull  effect  the  purposes  and  objects  of  this  Act  And  said  Com- 
pany is  hereby  authorized  and  empowered  to  locate,  conidriKitand  complete 
a railroad  extending  from  the  city  of  Pekin,  in  Tazewell  County,  Illinois, 
through,  or  as  near  as  piacticaMe  to,  the  Towns  of  Tremont,  Mackinaw 
Town,  Concord,  Bloomington,  Leroy,  Mount  Pleasant,  Mahomet,  Chamiraign 
City,  Urbana,  and  St,  Joseph,  to  the  east  boundary  of  the  State  of  Illinois  ; 
and  said  Company  may  construct  ^id  road  with  one  one  or  more  tracks,  and 
shall  begin  the  construction  of  the  same  within  hve  years  (5),  and  complete 
the  same  within  ten  yeais  (10),  from  the  passage  of  this  Act.  Said  Company 
shall  not  have  the  power  to  locate  or  construct  a road  upon  any  other  route 
than  connecting  the  above  named  points,  by  such  location  as  maybe  deemed 
best  for  the  interest  of  said  Company ; Provided,  That  if  any  incorporated 
town  or  city  on  the  line  of  said  route  shall  refuse  or  neglect  to  subscribe  a 
just  and  equal  amount  towards  securing  the  building  of  said  road,  then,  in 
that  case,  the  Directors  of  said  Company  shall  have  the  power,  to  be  exer- 
cised in  their  discretion,  so  to  change  the  route  as  not  to  run  said  road 
through  the  incorporated  town  or  city  so  refusing  or  neglecting  to  subscribe  ; 


IG 


\ 


Provided,  That  the  Directors  of  the  division  in  which  such  incorporated  town 
or  city  may  be  shall  have  the  sole  power  of  determining  as  to  the  sufficiency 
of  such  subscription  : And  provided,  farther,  That  no  such  power  shall  be 
construed  to  be  possessed  by  the  Directors  when  the  county  or  township  in 
which  such  incorporated  town  or  city  may  be  shall  have  subscribed,  or  shall, 
before  such  change  in  route  is  made,  subscribe  to  the  capital  stock  of  said 
Company  a sum  not  less  than  one  hundred  thousand  dollars. 

Sec.  2.  The  capital  stock  of  said  Company  shall  be  “ two  millions  of 
dollars,”  and  may,  by  a vote  of  the  majority  of  the  stockholders,  according 
to  shares,  at  any  regular  or  special  meeting  called  for  that  purpose,  be 
increased  to  “ six  million  of  dollars,”  to  be  divided  into  shares  of  one  hundred 
dollars  each. 

Sec.  3.  The  immediate  government  and  direction  of  said  Company  shall 
be,  and  is  hereby,  vested  in  thirteen  (13)  Directors,  who  shall  be  chosen  by 
the  stockholders  of  said  Company,  in  the  manner  hereinafter  provided  for, 
and  who  shall  hold  their  offices  for  the  period  of  one  year  after  their  election, 
and  until  their  successors  shall  be  elected  and  qualified  ; and  the  said  Direc- 
tors, a majority  of  whom  shall  constitute  a quorum  for  the  transaction  of  all 
business,  shall  elect  one  of  their  number  President  of  the  Company,  and 
shall  have  power  to  elect  or  appoint  such  other  officers  as  [they]  may  deem 
proper  ; but  no  jjerson  shall  be  a Director  who  shall  not,  at  the  time  of  his 
election,  be  a stockholder  ; and  each  stockholder  shall,  in  all  elections  or 
votes  by  stockholders,  be  entitled  to  cast  one  vote  for  each  share  of  the  stock 
held  by  him,  such  vote  to  be  cast  either  in  person  or  by  proxy,  and  under 
such  regulations  as  the  Board  of  Directors  may  prescribe;  and  vacancies  in 
the  Board  of  Directors  may  be  filled  by  the  remaining  Directors,  a two-thirds 
vote  in  his  favor  being  required  to  elect  such  appointees,  to  continue  in 
office  until  the  next  annual  election  of  Directors,  which  said  annual  election 
shall  be  held  at  such  time  and  place  as  may  be  designated  by  the  By-Laws 
of  said  Company  ; sixty  days’  printed  notice  being  given  by  at  least  five 
publications  in  newspapers  in  Urbana,  Bloomington,  and  Pekin. 

Sec,  4.  The  persons  named  as  Commissioners,  in  said  Articles  of  Asso- 
ciation, may  be  removed,  at  auy  regular  meeting  of  the  Board  of  Directors, 
and  others  appointed  in  their  stead,  with  the  same  powers ; and  the  said 
Commissioners  shall  open  books  of  subscription,  from  time  to  time,  in  each 
[of]  the  cities,  incorporated  towns,  and  townships  along  the  route  of  said 
road  ; first  giving  ten  days’  notice  of  the  time  and  place  thereof,  by  publica- 
tion in  the  ne\^spaper  nearest  thereto . 

Sec.  5.  The  said  Company  shall  have  power  to  locate,  construct,  equip, 
furnish,  and  maintain  and  operate,  a railroad,  as  aforesaid,  wdth  all  the 
necessary  tracks,  side-tracks,  turnouts,  switches,  depots,  stations,  and  all 
other  necessary  buildings,  structures,  and  erections  ; and,  for  this  purpose, 
they  are  hereby  vested  with  all  the  power  necessary  for  the  pm-chasing, 
taking,  holding,  seUiug,  and  transferring  property,  real  and  x^ersonal,  the 


IT 


same  as  natural  persons,  as  the  Board  of  Directors  may  deem  it  necessary  to 
carry  out  the  objects  of  this  Act. 

Sec,  6.  For  the  purpose  of  acquiring  the  right  of  way  for  the  construc- 
tion and  maintenance  of  said  railroad,  side-tracks,  turnouts,  and  grounds 
for  depots,  stations,  erections,  and  structures,  and  for  the  purpose  of  ob- 
taining stone,  gravel,  and  other  materials  for  building,  ballasting,  or  repair- 
ing said  road,  and  of  obtaining  a right  of  way  to  said  material,  the  said 
Company  be,  and  are  hereby,  authorized  and  empowered  to  take,  condemn, 
and  use  the  same,  under  the  provisions  of  an  Act  entitled  “ An  Act  to 
amend  the  law  condemning  the  right  of  way  for  purposes  of  internal  im- 
provement,” approved  June  22,  1852,  and  all  laws  that  have  been  or  may  be 
hereafter  enacted  amendatory  thereof. 

Sec.  7.  Said  Company  shall  have  power  to  unite  or  connect  itself  with 
any  other  Eailroad  Company  in  this  State,  upon  such  terms  as  may  be  mu- 
tually agreed  upon  between  the  Companies  so  uniting  or  connecting  ; and, 
for  that  purpose,  full  power  is  hereby  given  to  said  Company  to  make  and 
execute  such  contracts  vith  any  other  Company  as  will  secure  the  object  of 
such  union  or  connection  : Provided,  That  such  union  or  connection  shall 
only  be  with  Companies  whose  railroads  are  west  of  Illinois  river,  or  east  of 
Urbana,  running  east  and  west,  or  whose  roads  run  north  and  south  from 
either  terminus  of  the  said  Danville,  Uibana,  Bloomington,  and  Pekin  Kail- 
road  Company  ; and  the  said  Corporation  may  furthermore  lease  or  purchase, 
upon  such  terms  as  may  be  agreed  upon,  any  other  road  or  parts  of  roads, 
either  wholly  or  partially  constructed,  which  may  constitute  or  be  adopted  as 
part  of  their  railroad  ; and,  by  such  lease  or  purchase,  they  shall  acquire  and 
become  vested  with  all  the  rights  and  franchises  pertaining  to  such  road,  or 
part  of  road,  so  leased  or  purchased,  in  the  right  of  way,  maintenance,  and 
construction  and  operation  thereof. 

Sec.  8.  The  said  Company  is  hereby  authorized,  from  time  to  time,  to 
borrow  such  sum  or  sums  of  money  as  may  be  necessary  for  the  completing, 
equipping,  operating,  and  maintaining  their  said  railroad,  and  to  issue  and 
dispose  of  the  bonds,  at  such  rate  of  interest,  not  exceeding  10  per  cent., 
and  at  such  discount,  as  may  be  thought  best  for  the  benefit  of  the  Com- 
pany, and  to  mortgage  their  corporate  property  and  franchises,  or  convey  the 
same  by  deed  of  trust,  to  secure  the  payment  of  any  debt  contracted  by 
said  Company,  for  the  purpose  aforesaid  ; and  any  such  bonds  that  may  be 
sold  or  disposed  of  at  a less  rate  than  par  shall  be  as  valid  and  binding  upon 
said  Company  as  if  the  same  were  sold  for  the  par  value  thereof. 

Sec.  9.  Counties,  cities,  towns,  or  townships,  through  which  said  [rail- 
road] is  to  pass,  or  along  the  route  thereof,  which  have  held,  or  shall  hold, 
elections  upon  the  question  of  subscribing  to  the  capital  stock  of  said 
Company,  as  by  this  Act,  or  by  any  general  law  of  this  State,  required  or 
permitted,  shall,  upon  such  election  being  held  and  carried  in  favor  of  so 
subscribing,  adopt  the  subscription  of  the  citizens  of  such  county,  city 

2 


18 


town,  or  township,  now  made  to  said  capital  stock  nuder  said  Articles  of  As- 
sociation, as  part  of  their  subscription  ; and,  upon  the  issue  of  stock  by  such 
counties,  cities,  towns,  or  townships,  such  citizens  shall,  by  the  Board  of 
Directors,  be  released  from  individual  liability  therefor. 

Sec.  10.  The  right  of  way,  and  the  real  estate  for  the  right  of  way,  and 
for  the  purposes  aforesaid,  purchased  or  acquired  by  said  Company,  whether 
by  agreement  or  otherwise,  or  which  shall  become  the  properly  of  the  Com- 
pany, shall,  upon  the  payment  of  the  money  agreed,  or  adjudged  to  be  paid 
to  the  owner  'or  owners  of  the  same,  as  compensation  for  the  same,  become 
the  property  of  said  Company  in  fee-simple.  Whenever  it  shall  be  necessary 
for  the  construction  of  said  railroad  to  intersect  or  cross  the  track  of  any 
other  railroad  or  river,  stream  of  water,  watercourse,  road,  or  highway  on 
the  route  of  said  road,  it  shall  be  lawful  for  the  Company  to  construct  their 
road  across  or  upon  the  same  : Provided,  That  the  said  Company  shall  re- 
store the  said  railroad,  river,  stream  of  water,  watercourse,  road,  or  highway 
intersected  or  crossed,  sufficiently  near  its  former  state,  so  as  not  to  mate- 
rially impair  its  usefulness. 

Sec.  11.  That  all  the  rights,  privileges,  and  advantages,  with  the  limita- 
tions and  restrictions,  conferred  upon  the  Illinois  Central  Bailroad  Company  ; 
also,  the  rights,  privileges,  and  advantages,  with  their  limitations,  conferred 
by  an  Act,  entitled  “An  Act  to  provide  for  a general  system  of  raih'oad  in- 
corporations,” approved  November  5th,  1849,  and  the  several  Acts  amenda- 
tory thereof,  are  hereby  conferred  upon  the  “Danville,  Urbana,  Bloomington, 
and  Pekin  Bailroad  Company;”  and  counties,  cities,  towns,  and  townships 
shall  be  entitled  to  subscribe  for  stock  in  said  Company,  in  like  manner,  and 
with  like  effect,  as  provided  in  the  Acts  referred  to,  and  the  Acts  amendatory 
thereof,  except  as  by  said  Acts,  and  said  Articles  of  Association,  qualified 
and  limited. 

Sec.  1 2.  To  further  aid  in  the  construction  of  said  road  by  said  Com- 
pany, any  incorporated  town  or  township,  in  counties  acting  imder  the 
township  organization  law,  along  the  route  of  said  road,  may  subscribe  to 
the  capital  stock  of  said  Company,  in 'any  sum  not  exceeding  “two  hundred 
and  fifty  thousand  dollars.” 

Sec.  13.  No  such  subscription  ?hall  be  made  until  the  question  has  been 
submitted  to  the  legal  voters  of  such  incorporation,  town,  or  towmship,  in 
which  the  subscription  is  pr<  posed  to  be  made  ; and  the  Clerk  of  each  of 
said  towns  or  townships  is  hereby  required,  upon  the  presentation  of  a peti- 
tion signed  by  at  least  ten  citizens  who  are  legal  voters  and  tax-payers  of  such 
town  or  township  for  which  he  is  Clerk,  and  in  which  petition  the  amount 
proposed  to  be  subscribed  shall  be  stated,  to  post  up  notices  in  at  least  three 
imblic  places  in  each  town  or  township,  which  notices  shall  be  posted  not 
less  than  thirty  days  before  the  day  of  holding  such  election,  notifying  the 
legal  voters  of  such  town  or  township  to  meet  at  the  usual  place  of  holding 
elections  in  such  town  or  township,  or  some  other  convenient  place  named  in 


19 


such  notice,  for  the  purpose  of  voting  for  or  against  such  subscription  : Pro- 
vided, That  where  electioDS  may  have  already  been  held,  and  a majority  of 
the  legal  voters  of  any  township  or  incorporated  town  were  in  favor  of  a sub- 
scription to  said  railroad,  then,  and  in  that  case  no  other  election  need  be 
had,  and  the  amount  so  voted  for  shall  be  subscribed,  as  in  this  Act  pro- 
vided ; and  such  elections  are  hereby  declared  to  be  legal  and  valid,  as 
though  this  Act  had  been  in  force  at  the  time  thereof,  and  all  the  provisions 
hereof  had  been  complied  with. 

Sec.  14.  If  it  shall  appear  that  a majority  of  all  the  legal  voters  of  such 
towns  or  townships, voting  at  such  election,  have  voted  “ for  subscription,”  it 
shall  be  the  duty  of  the  President  of  the  Board  of  Trustees,  or  other 
chief  executive  officer,  if  in  incorporated  towns,  and  the  Supervisor  in 
townships,  to  subscribe  to  the  capital  stock  of  said  Eailroad  Company,  in  the 
name  of  such  towns  or  townships,  the  amount  so  voted  to  be  subscribed,  and 
to  receive  from  said  Company  the  proper  certificates  therefor.  He  shall  also 
execute  to  said  Company,  in  the  name  of  such  towns  or  townships,  bonds, 
bearing  interest  at  10  per  cent,  per  annum,  which  bonds  shall  run  for  a 
term  of  not  more  than  “ twenty  years,”  and  the  interest  on  the  same  shall 
be  made  payable  annually,  and  which  bonds  shall  be  signed  by  such  Presi- 
dent, executive  officer,  or  Supervisor,  and  be  attested  by  the  Clerk  of  the 
town  or  township  in  whose  name  the  bonds  are  issued;  and  it  shall  be  his 
duty  to  make  out  a record  of  the  issuing  of  said  bonds.  Said  bonds  shall  be 
delivered  to  the  President  or  Secretary  of  said  Company,  for  the  u.'e  of  said 
Company;  and  when  any  city  or  county  shall  hereafter  vote  to  make  sub- 
scription as  aforesaid,  the  Chairman  of  the  Board  of  Supervisors  of  such 
county,  and  the  Mayor  of  such  city,  shall  be  requii-ed  to  subscribe  to  the 
capital  stock  of  said  Company  the  amount  so  voted. 

Sec.  15.  It  shall  be  the  duty  of  the  Clerk,  of  any  such  town  or  township  in 
which  a vote  shall  be  given  in  favor  of  subscription,  within  ten  days  there- 
after, to  transmit  to  the  County  Clerk  of  their  respective  couniies  a transcript 
or  statement  of  the  vote  given,  and  the  amount  so  voted  to  be  subscribed, 
and  the  rate  of  interest  to  be  paid;  Provided,  That  where  elections  may 
have  been  held  as  aforesaid,  it  shall  be  the  duty  of  the  Town  Clerks  to 
file  with  the  County  Clerks  of  their  respective  counties,  within  ten  days 
after  the  issuing  of  said  bonds,  certificates  of  the  votes  of  their  towns,  the 
amount  of  stock  voted  to  be  subscribed,  the  amount  of  bonds  issued,  and  the 
rate  of  interest  payable  thereon. 

Sec.  16.  It  shall  be  the  duty  of  the  County  Clerk  of  said  county,  annually, 
after  the  execution  and  delivery  of  such  bonds  as  aforesaid,  to  compute  and 
assess  upon  all  taxable  property  returned  by  the  Assessor  of  such  town  or 
township,  a sum  sufficient  to  pay  the  interest  and  costs  of  collection  and  dis- 
bursements upon  all  bonds  so  issued  by  the  respective  towns  or  townships  ; 
which  tax  shall  be  extended  upon  the  Collector’s  books  as  other  taxes  are, 
and  collected  in  the  same  manner  that  other  taxes  are  collected,  and,  when 
collected,  shall  be  paid  to  the  Treasurer  of  the  county  ; and  such  town  or 


20 


township  may,  when  providing  for  the  levying  and  collecting  of  other  taxes, 
also  assess  nj)on  the  property  of  such  town  or  township  any  rate  not  ex- 
ceeding three  per  cent,  in  any  one  year  upon  the  assessment,  to  provide  a 
fund  for  the  redemption  of  the  principal  of  such  bonds,  as  or  when  they 
become  due,  said  tax  to  be  levied  and  collected  as  other  taxes  are,  and  paid 
to  the  County  Treasurer;  but  no  tax  shall  be  computed,  assessed,  or  col- 
lected, or  any  interest  paid  to  be  applied  upon  said  bonds,  unless  such  bonds 
have  been  executed  and  delivered. 

Sec.  17.  It  shall  be  the  duty  of  the  County  Treasurer  to  pay  out,  on  the 
presentation  to  him  of  the  bonds  issued  by  any  such  town  or  townships  afore- 
said, the  amount  due  upon  such  bonds  for  interest,  and  also  for  principal, 
when  any  tax  shall  be  assessed  and  collected,  to  pay  principal  out  of  any 
money  in  his  hands  for  that  purpose,  and  endorse  such  payment  of  interest 
or  partial  principal  upon  the  bonds;  and  when  such  bonds  shall  be  redeemed 
or  paid,  he  shall  receive  and  cancel  the  same,  and  return  the  same  to  the 
President  or  Supervisor,  who  shall  destroy  the  same  in  the  presence  of 
the  Clerk  of  such  town  or  township,  who  shall  make  a record  of  the  trans- 
action. The  Town  Collector  and  County  Treasurer,  in  towns  or  counties 
which  subscribe  to  said  capital  stock,  shall  receive  the  same  percentage 
for  receiving  and  disbursing  said  fund,  as  they  now  receive  in  collecting  and 
disbursing  the  school  fund. 

Sec.  18.  At  all  elections  for  officers,  and  in  all  questions  voted  on  by 
the  stockholders  of  said  Company,  the  President  or  Supervisor  of  such 
town  or  township,  which  shall  have  subscribed  to  said  stock,  shall  represent 
and  cast  the  vote  which  said  stock  is  entitled  to  cast,  unless  said  town  or 
township  shall  appoint  some  other  person  to  perform  said  duty. 

Sec.  19.  The  road  to  be  constructed  by  said  Railroad  Company  is 
hereby  divided  into  three  divisions,  to  wit : — All  that  portion  of  the  road 
east  of  the  Chicago  Branch  of  the  Illinois  Central  Railroad,  shall  constitute 
the  first  division ; that  portion  lying  west  of  the  Chicago  Branch  of  the  Illi- 
nois Central  Railroad,  and  east  of  the  main  line  of  the  Illinois  Central  Rail- 
road, shall  constitute  the  second  division  ; and  all  that  portion  west  of  the 
Illinois  Central  Railroad,  and  east  of  the  Illinois  River,  shall  constitute  the 
third  division.  The  immediate  supervision  and  management  of  the  con- 
struction of  said  divisions  shall  be  under  the  control  of  the  Directors  residing 
in  each  division;  and  said  Directors,  representing  their  respective  divisions, 
shall  have  the  power  to  organize  under  such  rules  as  the  Board  of  Directors 
may  establish,  and  shall  have  power  to  call  in  stock  subscriptions,  as  the 
same  become  payable,  and  expend  the  proceeds  of  such  subscrip  lions  in  the 
divisions  where  the  subscribers  are  located,  and  shall  keep  records  of  their 
proceedings,  and  report  to  the  Board  of  Directors  under  such  rules  as 
said  Board  may  establish:  Provided,  That  any  incorporated  town,  city,  or 
township,  which  has  held,  or  shall  hold,  elections  upon  the  question  of 
subscribing  to  the  capital  stock  of  said  Company,  may  appropriate  the 
whole  or  part  of  said  subscription  for  the  construction  of  any  part  of 


21 


said  road  that  such  city,  township,  or  incorporated  town  may  elect 
within  the  division  in  which  [such]  city,  incorporated  town,  or  township 
may  be. 

Sec.  20.  The  President  of  the  “Bloomington  and  Pekin  Kailroad  Com- 
pany,” incorporated  by  an  Act  approved  February  10th,  A.  D.  1853,  is 
hereby  authorized  and  empowered  to  convey  to  'William  S.  Maus,  Samuel 
R.  Saltonstall,  and  Jerome  B.  Clark  and  Henry  Conkling,  all  the 
right,  title,  and  interest  of  the  said  “Bloomington  and  Pekin  Railroad 
Company,”  in  and  to  the  ijght  of  way,  grade,  and  road-bed  of  the  Blooming- 
ton and  Pekin  Branch  of  the  Centr  al  Railroad,  to  the  same  extent  as  con- 
veyed by  the  State  of  Illinois  to  said  Bloomington  and  Pekin  Railroad 
Company,  to  be  held  by  said  parties  in  tnist  until  the  completion  of 
said  third  division  of  the  “Danville,  Urbana,  Bloomington,  and  Pekin 
Railroad,”  and,  upon  such  completion,  to  be  by  them  conveyed  to  said 
last-named  Company  ; and  said  last-named  Company  are  hereby  vested  with 
all  the  powers,  rights,  and  prmleges  conferred  by  said  Act  of  February  10th, 
A.  D.  1853,  upon  the  Bloomington  and  Pekin  Railroad  Company,  not  incor- 
sistent  with  the  provisions  of  this  Act.  Said  Act  of  February  10th,  A.  D. 
1853,  is  hereby  declared  to  be  in  full  force  and  effect  for  the  purpose  of  said 
conveyance  ; and  the  Governor  of  the  State  of  Illinois  is  hereby  authorized, 
upon  application  to  him  of  the  President  of  the  Danville,  Urbana,  Blooming- 
ton, and  Pekin  Railroad  Company,  to  convey  to  said  above-named  persons, 
all  the  right,  title,  and  interest  which  may  be  in  the  State  of  Illinois  in  and 
to  the  right  of  way,  grade,  and  road-bed  of  said  Bloomington  and  Pekin 
Branch  of  the  Central  Railroad. 

Sec.  21.  No  stockholder,  whether  corporate  or  natural  person,  shall  be 
otherwise  liable,  under  his  or  their  subscription  of  stock,  than  for  the  amount 
of  their  respective  subscriptions  of  stock  to  said  Company,  and  according  to 
the  calls  of  the  Directors,  under  the  conditions  hereinbefore  provided. 

Sec.  22.  Any  provision  or  stipulation  contained  in  the  aforesaid  Articles 
of  Association  of  the  Danville,  Urbana,  Bloomington,  and  Pekin  Railroad 
Company,  in  conflict  with  the  provisions  of  this  Act,  is  hereby  repealed ; but 
nothing  herein  mentioned  shall  be  construed  to  affect  the  right  of  any 
county  or  city  which  has  heretofore  voted  to  subscribe  to  the  cajutal  stock  of 
said  Company,  to  limit  its  subscription,  according  to  the  terms  and  condi- 
tions of  said  Articles  of  Association  of  said  Company ; but  any  city  which, 
since  the  adoption  of  said  Articles  of  Association,  has  voted  to  subscribe  to 
the  capital  stock  of  said  railroad,  may,  upon  a vote  of  two-thirds  of  the  Com- 
mon Council  or  Board  of  Aldermen  thereof,  subscribe  and  issue  bonds  under 
the  provisions  of  this  Charter,  instead  of  upon  such  terms  and  conditions 
contained  in  said  Articles  of  Association. 

Sec.  23.  The  Board  of  Directors  of  the  Danville,  Urbana,  Pekin,  and 
Bloomington  Railroad  Company,  as  elected  under  the  Articles  of  Association 
of  said  Company,  shaU,  within  six  months  from  the  coming  in  force  of  this 


22 


Act,  signify  their  acceptance  of  the  same,  and  if  not  so  done,  then  this  Act 
shall  be  void  and  of  no  effect ; and  the  said  Board  of  Directors  shall  continue 
and  remain  in  office  until  the  next  annual  election,  which  election  shall  be 
provided  for  by  the  By-Laws  of  said  Board. 

Sec.  24.  This  Act  shall  be  in  force  from  and  after  its  pa.ssage. 

Approved  February  28th,  1867. 


United  States  of  Ameeica, 
State  of  lUinois, 


ss. 


Office  of  Seceetaey. 


I,  Sharon  TyndaJe,  Secretary  of  State  of  the  State  of  Illinois, 
do  hereby  certify  that  the  foregoing  is  a true  copy  of  an 
[seal.]  enrolled  law  now  on  file  in  this  office.  In  witness  whereof, 
I hereto  set  my  hand  and  affix  the  Great  Seal  of  otate, 
at  the  city  of  Springfield,  this  22d  day  of  March,  A.  D. 
1867. 

Sharon  Ttndale, 

Secretary  of  State, 


AMENDMENT  TO  CHARTER 


An  Act  to  amend  an  Act,  entitled  An  Act  to  amend  Articles  of  Association  of 
the  Danville,  TJrhana,  Bloomington,  and  Pekin  Ttailroad  Company,  and  to 
extend  the  powers  of  and  confer  a Charter  upon  the  same.” 

Whereas,  Certain  township  officers  along  the  line  and  through  which  the 
Danville,  Urbana,  Bloomington,  and  Pekin  Kailroad  passes,  have  failed  to 
keep  a fiiU  and  perfect  record  of  elections  called  and  held,  and  township 
clerks  have  failed  to  file  with  the  County  Clerk  certificates,  as  required  by 
section  fifteen  (15)  of  the  amenled  Articles  of  Association  of  said  railroatl  : 
Therefore, 

Section  1.  Be  it  enacted  hy  the  people  of  the  State  of  Illinois,  represented  in  the 
General  Assembly,  That  when  such  informalities  and  neglect  may  have  oc- 
curred, and  bonds  have  been  issued,  or  may  hereafter  be  issued,  to  aid  in  the 
construction  of  said  railroad,  that  no  such  neglect  or  omission  on  the  part  of 
township  officers  shall  in  any  way  invalidate  or  impair  the  collection  of  said 
bonds,  both  principal  and  interest,  as  they  may  respectively  fall  due  ; and 
all  assessments  that  are  now  made  for  the  payment  of  the  principal  or  the 
interest  thereon  is  hereby  legalized  ; and  the  township  collectors  and  county 
treasurers  are  hereby  authorized  and  empowered  to  enforce  the  collection  and 
payment  of  said  tax,  as  is  now  provided  by  law  for  the  collection  of  all  other 
taxes : Provided,  That  this  Act  shall  not  apply  to  the  town  of  Danville. 

Sec.  2.  This  Act  shall  be  a public  Act,  and  take  effect  from  and  after  its 
passage. 

Approved  February  25th,  1839. 


United  States  of  America,  } 
State  of  Illinois,  f 


Office  of  Secretary. 


I,  Edward  Kummel,  Secretary  of  State  of  Illinois,  do  hereby 
certify  that  the  foregoing  is  a true  copy  of  Aot  to 

amend  an  Act  entitled  ^An  Act  to  amend  Articles  of  Associa- 
tion of  the  DanviVe,  Urbana,  Bloomington,  and  Pekin  Railroad 
[seal.]  Company,  and  to  extend  the  powers  of  and  confer  a Charter  upon 
the  same,'  ” now  on  file  in  this  office.  In  witness  whereof, 
I hereto  set  my  hand  and  affix  the  Great  Seal  of  State,  at 
the  city  of  Springfield,  this  25th  day  of  February,  A.  D. 
1869. 

Edward  Hummel, 
Secretary  of  State. 


BY-LAWS 


OF  THE 

DAN\^ILLE,  URBAM,  BLOOMINGTON  & PEKIN  R.  R.  CO. 

Oi*gan.izecl  August  28t]a,  1866. 


I.  The  Annual  Meeting  of  the  Stockholders  of  this  Company,  for  the 
election  of  Directors  and  the  transaction  of  other  appropriate  business,  shall 
be  held  on  the  third  Tuesday  in  October,  of  each  year,  at  the  office  of  the 
Company,  in  the  city  of  Urbana;  of  which  meeting  the  Secretary  shall  give 
sixty  days’  previous  notice  by  five  publications  in  newspapers  printed  in  the 
cities  of  Danville,  Urbana,  Bloomington,  and  Pekin. 

The  election  of  Directors  shall  be  by  ballot.  The  polls  shall  be  opened  at 
twelve  o’clock  at  noon,  and  remain  open  until  two  o’clock  in  the  afternoon. 

II.  In  case  a vacancy  shall  happen  among  the  Directors  by  death, 
resignation,  or  otherwise,  it  may  be  filled  for  the  remainder  of  the  year  by  a 
resolution  of  the  Board  of  Directors,  a two-thirds  vote  being  required. 

III.  Suitable  books  shall  be  kept  for  the  registry  and  transfer  of  the 
capital  stock  of  this  Company,  and  every  transfer  of  such  capital  stock,  to  be 
valid,  shall  be  made  upon  such  books,  and  signed  by  the  holder  of  such 
shares,  or  his  attorney,  duly  authorized,  in  writing.  The  certificates  of  stock 
shall  be  signed  by  the  President  or  Vice-President,  and  countersigned  by 
the  Secretary,  under  the  seal  of  the  Company. 

rV.  Immediately  after  the  election  of  Directors,  the  persons  so  elected 
shall  elect  from  their  number  a President  and  Vice-President,  and  shall  also 
elect  a Secretary  and  Treasurer,  and  determine  the  amount  of  salary  to  be 
paid  to  each. 

Each  of  the  officers  of  this  Company  shall  hold  his  office  until  the  next 
succeeding  annual  election  of  Directors,  and  until  his  successor  shall  have 
been  appointed  and  qualified;  but  either  of  them  may  be  removed  or  dis- 
charged by  the  Board  of  Directors,  two-thirds  of  all  the  then  Directors  voting 
therefor. 


26 


In  case  of  any  vacancy  in  either  of  the  said  offices,  the  same  shall  bo  filled 
by  the  Board  of  Directors  at  their  first  meeting  after  such  vacancy  shall  have 
occurred. 

The  Board  of  Directors  may,  by  resolution,  or  by  the  Executive  Committee, 
from  time  to  time,  appoint  a Superintendent,  Attorney,  and  such  other  sub- 
ordinate officers  as  shall  be  necessary. 

V.  The  President  shall  be  the  principal  executive  officer  of  the  Company, 
and  shall  have  the  general  supervision  of  its  affairs.  He  shall  manage, 
either  himself  or  through  the  proper  subordinate  officers  of  the  Company, 
all  negotiations  with  other  corporations,  companies,  or  individuals,  touching 
their  mutual  interests,  and  the  claims  of  either  party  on  the  other;  and  shall 
eiitf^r  into  or  conclude  all  such  agreements  or  contracts  with  any  of  such 
parties,  as  shall  be  approved  by  the  Board  of  the  Executive  Committee. 

It  shall  be  his  duty  to  preside  at  all  meetings  of  the  Board  at  which  he 
shall  be  present.  He  shall  see  that  the  By-Laws,  Rules,  and  Regulations  of 
the  Board  of  Directors  are  faithfully  executed.  He  shall  sign  all  certificates 
of  stock,  bonds,  or  other  evidences  of  debt  issued  by  the  Company,  and  have 
a proper  record  kept  thereof.  He  shall  have  power  to  call  a meeting  of  the 
Directors  whenever  he  may  deem  it  necessary,  and  it  shall  be  his  duty  to 
call  such  a meetitig  when  requested  by  four  Directors. 

VI.  The  Vice-President  shall  preside  at  all  the  meetings  of  the  Board  of 
Directors  when  the  President  shall  be  absent,  and,  in  case  of  the  death  or 
incapacity  of  the  President,  or  of  his  absence  from  the  State,  the  Vice-Presi- 
dent shall  perform  all  the  duties  of  the  President  until  another  shall  be 
elected. 

He  shall  also  have  power  to  call  meetings  of  the  Board  of  Directors  in  the 
absence  of,  or  in  case  of  the  disability  of,  the  President,  and  it  shall  be  his 
duty  to  call  such  meetings  when  requested,  in  writing,  by  four  or  more 
Directors. 

VII.  The  Secretary  shall  attend  the  meetings  of  the  Board  of  Directors 
and  of  the  Executive  Committee,  and  keep  a record  of  their  proceedings. 
He  shall  keep  proper  books  for  the  transfer  of  the  Company’s  stock,  and  also 
a stock  ledger,  showing  the  name  and  interests  of  the  respective  sharehold/srs. 

He  shall  give  notice  of  five  days,  by  letter  through  the  Post  Office,  to  all 
Directors,  of  the  time  and  place  of  all  meetings  of  the  Board. 

VIII.  The  Treasurer  shall,  before  he  enters  upon  the  duties  of  his  office, 
give  a bond,  with  good  and  sufficient  securities,  to  be  approved  by  the 
Board  of  Directors  or  Executive  Committee,  in  such  penal  sum  as  the  Board 
shall  require,  coudition<  d for  the  faithful  performance  of  his  duties,  and  for 
the  safe  keeping,  correctly  accounting  for,  and  paying  over  all  moneys  be- 
longing to  the  Company. 


27 


He  shall  keep  accurate  accounts,  in  such  form  as  shall  be  approved  by  the 
Executive  Committee,  of  all  moneys  received  or  paid  out  by  him,  so  arranged 
and  kept  as  to  show  each  class  of  expenditures  for  which  he  shall  make  pay- 
ment. He  shall  deposit  daily,  or  as  soon  as  practicable  after  their  receipt, 
all  moneys  which  he  shall  receive,  to  the  credit  of  the  Company,  in  such  bank 
or  banks  as  may  from  time  to  time  be  designated  by  the  Board  of  Directors 
or  Executive  Committee. 

He  shall  pay  out  money  only  upon  the  order  of  the  President  and  Chair- 
man of  the  Committee  on  Accounts  and  Claims,  unless  specially  ordered  by 
the  Board  of  Directors. 

He  shall  render  monthly  statements  to  the  Executive  Committee  of  all 
moneys  received  and  disbrused  by  him,  and  of  the  amount  of  money  in  his 
hands. 

IX.  The  regular  Standing  Committees  of  the  Board  of  Directors  shall  be 
an  Executive  Committee,  to  consist  of  the  President,  who  shall  be  ex  officio 
Chairman  thereof,  and  four  other  members  of  the  Board. 

A Committee  on  Accounts  and  Claims,  to  consist  of  three  Directors. 

All  the  committees  shall  be  appointed  by  the  President,  who  shall  have 
authority  to  fill  any  vacancies  which  may  occur  in  either  of  said  committees. 

X.  The  Executive  Committee  shall  have  power,  and  it  shall  be  their  duty, 
to  manage  and  direct  the  business  affairs  of  the  Comx3any,  in  such  a manner 
as  they  shall  deem  best  for  its  interests,  in  aU  cases  in  which  specific  directions 
shall  not  have  been  given  by  the  Board,  and  take  a general  supervision  of 
the  financial  affairs  of  the  Company. 

They  shall  advise  with  the  officers  of  the  Company  touching  the  perform- 
ance of  their  respective  duties,  and  transact  such  nec'-ssary  and  pressing 
business  during  the  interval  between  meetings  of  the  Board  as  may  be  for 
the  interests  of  the  mj^any,  and  report  their  action  at  the  next  meeting  of 
the  Board.  They  shall  make  examination  of  the  accounts  of  the  Treasurer 
as  often  as  once  in  three  months. 

XI.  The  Committee  on  Accounts  and  Claims  shall  monthly  examine,  and, 
if  proper,  audit  all  bills,  accounts,  or  vouchers  paid,  or  to  be  paid,  by  the 
Treasurer,  and,  as  far  as  is  j^racticable,  such  examination  and  auditing  to  be 
made  before  i:>ayment. 

Certificates,  showing  the  amount  of  the  bills,  accounts,  or  vouchers  audited, 
and  in  whose  favor,  to  be  rendered  to  the  Treasurer;  such  certificates  to  be 
signed  by  at  least  two  members  of  said  Committee,  who  shall  also  sign  on  the 
back  of  each  bill,  account,  or  voucher,  included  in  such  certified  list,  in 
proper  form,  showing  their  audit  thereof 

They  shall  also  advise  as  to  the  manner  of  keejping  the  accounts  of  the 
Company,  and  it  shall  be  their  duty,  at  least  once  in  three  months,  to  inspect 
all  books  of  account,  and  report  to  the  Board  the  resrdt  of  such  examination. 

It  shall  be  the  duty  of  the  Committee  to  make  a report  to  the  Board  of 
Directors,  on  the  third  Tuesday  of  October  in  each  year,  embracing  a detail- 


28 


ed  statement  of  the  receipts  and  expenditures  of  the  Company  for  the  previ- 
ous year,  and  shc»wing,  generally,  the  financial  conditions  and  prospects. 

XIL  A.11  moneys  of  the  Company  received  by  any  officer  or  agent  there- 
of, shall  be  deposited  to  the  credit  of  the  Company,  in  the  depository  designa- 
ted by  the  Board  of  Directors,  as  soon  as  may  be,  after  the  receipt  thereof. 

No  moneys  shall  be  paid  out  of  the  depositories  unles  upon  the  draft  of 
the  Treasurer,  payable  to  the  order  of  the  person  in  whose  favor  the  same 
may  be  drawn. 

XIII.  The  books  for  the  transfer  of  the  capital  stock  shall  be  closed  at 
least  five  days  before  the  annual  meeting  for  the  election  of  Directors,  and 
shall  lemain  closed  until  after  election.  Such  books  shall  also  be  closed  for 
at  least  ten  days  previous  to  the  time  fixed  for  the  payment  of  any  dividend. 

XIV.  The  foregoing  By-Laws  may  be  altered  or  amended  by  a vote  of 
the  majority  of  the  whole  Board,  at  a special  meeting  held  for  that  purpose. 
The  notice  of  such  meeting  shall  state  that  the  meeting  was  called  for  the 
purpose  of  altering  the  By-Laws. 


FIRST  MORTGAGE  BONDS 


This  Indenture,  made  the  first  day  of  April,  in  the  year  of  our  Lord,  one 
thousand  eight  hundred  and  sixty-nine,  between  the  Danvilee,  Urbana, 
Bloomington,  and  Pekin  Railroad  Company,  incorporated  under  and  by 
virtue  of  the  laws  of  the  State  of  Illinois,  of  the  first  part,  and  The  Farmers’ 
Loan  and  Trust  Company,  a corporation  created  by  the  laws  of  the  State  of 
New  York,  of  the  second  part  : 

Whereas,  in  pursuance  of  the  power  and  authority  in  it  duly  vested,  the 
said  Danville,  Urbana,  Bloomington,  and  Pekin  Railroad  Company  has  le- 
solved  to  issue  and  negotiate  a series  of  two  thousand  bonds,  each  of  one 
thousand  dollars,  numbered  respectively  from  1 to  2,000,  inclusively,  and 
amounting  in  the  aggregate  to  two  milhon  dollars,  which  said  bonds  are  to 
be  all  equally  secured  by  these  presents,  and  are  to  be  of  like  tenor  and  sub- 
stantially in  the  form  following  : 

UNITED  STATES  OF  AMERICA, 

No.  The  State  of  Illinois,  $1,000 

The  Danville,  Urbana,  Bloomington,  and  Pekin  Railroad  Company. 

First  Mortgage  Gold  Bearing  Bond  Convertible  into  the  Capital  Stock  of  the 

Company  at  par. 

Free  of  Government  Tax. 

Know  all  Men  by  these  Presents  : That  the  Danville,  Urbana,  Blocm- 
ington,  and  Pekin  Railroad  Company  is  indebted  to  The  Farmers’  Loan  and 
Trust  Company,  or  bearer,  in  the  sum  of  one  thousand  dollars  gold  coin  of 
the  United  States  of  America,  which  the  said  Company  promises  to  pay  to 
the  said  The  Farmers’  Loan  and  Trust  Company,  or  the  bearer  hereof,  on  the 
first  day  of  April,  in  the  year  one  thousand  nine  hundred  and  nine,  at  the 
city  of  New  York,  with  interest  thereon  at  the  rate  of  seven  per  centum  per 
annum,  payable  in  gold  semi-annually  at  the  city  of  New  York  on  the  first 
days  of  April  and  October  in  each  year,  upon  presentation  and  surrender  of 
the  coupons  hereto  annexed,  as  they  severally  become  due  ; and  in  case  of 
non-payment  of  any  half-yearly  instalment  of  interest,  which  shall  have 
become  payable  and  shall  have  been  demanded,  and  the  continuance  of  such 
default  for  the  period  of  six  months  after  any  such  demand,  the  principal  of 


30 


this  bond  shall  become  due  in  the  manner,  and  with  the  effect  provided  in 
the  deed  of  trust  or  mortgage  securing  the  payment  of  the  same,  hereinafter 
mentioned. 

This  bond  is  one  of  a series  of  two  thousand  bonds,  each  of  one  thousand 
dollars,  of  like  tenor  and  date,  numbered  respectively  from  1 to  2,000,  inclu- 
sively, and  amounting  in  the  aggregate  to  two  million  dollars  000, 000), 
and  the  payment  of  each  and  all  of  which  is  equally  secured  by  a deed  of 
trust  or  mortgage,  bearing  date  the  first  day  of  April,  eighteen  hundred  and 
sixty-nine,  duly  executed,  and  delivered  by  the  said  Kailroad  Company  to 
the  said  The  Farmers’  Loan  and  Tiust  Company,  Trustees,  . conveying  the 
railroad  of  the  said  Company,  and  its  equipment,  appurtenances,  pioperty, 
franchises,  and  things  in  the  said  deed  of  trust  or  mortgage  mentioned  and 
described. 

This  bond  is  entitled  to  the  benefit  and  security  of  a sinking  fund  of  ten 
thousand  dollars,  provided  for  and  described  in  said  deed  of  trust  or  mort- 
gage, to  be  set  apart  annually  for  the  redemption  of  bonds  secured  by  said 
dqed  of  trust  or  mortgage. 

This  bond  shall  pass  by  delivery,  or  it  may  be  registered  by  its  owner,  on 
the  books  of  the  Company  at  the  office  of  the  Fanners’  Loan  and  Trust 
Company,  in  the  city  of  New  York.  After  a registration  of  ownership  duly 
certified  hereon,  at  the  aforesaid  office,  no  transfer,  except  upon  the  books 
of  the  Company,  shall  be  valid,  unless  the  last  transfer  shall  have  been  to 
bearer,  and  transferability  by  delivery  thereby  restored;  but  this  bond  shall 
continue  subject  to  successive  registrations  and  transfers  to  bearer,  as  afore- 
said, at  the  option  of  the  holder. 

This  bond  shall  not  become  obligatory,  until  it  shall  have  been  authenti- 
cated by  a certificate  endorsed  hereon,  and  signed  by  the  President  of  The 
Farmers’  Loan  and  Trust  Company  for  the  time  being. 


In  witness  whereof,  the  said  Company  has  caused  its  corpo- 
rate seal  to  be  hereto  affixed,  and  the  same  to  be  attested 
[seal.]  by  the  signatures  of  its  President  and  Secretary,  and  has 
also  caused  the  coupons  hereto  annexed  to  be  signed  by 
its  Secretary,  this  first  day  of  April,  in  the  year  one  thou- 
sand eight  hundred  and  sixty-nine. 

(Signed)  C.  K.  Gkiggs, 

President. 


H J.  Ebmenteout, 

Secretary. 


Now  therefore,  this  indenture  witnesseth,  that  for  and  in  consideration  of 
the  p emises,  and  of  the  sum  of  one  dollar  to  the  said  parties  of  the  first 
part  duly  paid  by  the  said  parties  of  the  second  part,  and  in  order  to  secure 
the  payment  of  the  principal  and  interest  of  the  said  bonds  according  to  the 
tenor  thereof,  and  of  the  coupons  thereto  annexed,  the  said  Danville,  Urbana, 
Bloomington,  and  Pekin  Kailroad  Company,  the  parties  of  the  first  part 
hereto,  have  granted,  bargained,  and  sold,  and  by  these  presents,  do  grant, 
bargain,  sell,  convey  and  transfer  unto  the  said  parties  of  the  second  part, 
and  their  successors  and  assigns,  all  and  singular  the  railroad  of  the  parties 


31 


of  the  first  part,  or  which  the  said  parties  of  the  first  part  are  by  law  author- 
ized to  construct,  being  the  line  of  railroad  heretofore  known,  or  hereafter 
to  be  known,  as  the  Danville,  Urbana,  Bloomington,  and  Pekin  Kailroad,  as 
the  same  is  and  hereafter  shall  be  constructed,  extending  from  the  city  of 
Pekin,  in  Tazewell  County,  Illinois,  through,  or  as  near  as  practicable  to, 
the  towns  of  Ti’emont,  Mackinaw  Town,  Concord,  Bloomington,  Leroy, 
Mount  Pleasant,  Mahomet,  Champaign  City,  Urbana,  and  St.  Joseph,  to  the 
east  boundary  of  the  State  of  Illinois,  including  all  the  railways,  ways, 
rights  of  way,  depot  grounds,  and  other  lands,  all  tracks,  bridges,  viaducts, 
culverts,  fences,  and  other  structures,  depots,  station-houses,  engine-houses, 
car-houses,  freight-houses,  wood-houses,  and  other  buildings,  and  all  ma- 
chine-shops and  other  shops,  and  all  other  real  or  personal  estate,  held  or 
acquired,  or  hereafter  to  be  held  or  acquired  by  the  said  Company,  its  suc- 
cessors or  assigns,  for  use,  in  connection  with  the  railroads  of  the  parties  of 
the  first  part,  or  with  any  part  thereof,  or  with  the  business  of  the  same,  and 
includiog  also  all  locomotives,  tenders,  cars,  and  other  rolling  stock  or 
equipment,  and  all  machinery,  tools,  implements,  fuel,  and  materials  for 
constructing,  operating,  repairing,  or  replacing  the  said  railroads  or  any  part 
thereof,  or  of  any  of  the  equipments  or  appurtenances  of  the  said  railroads, 
or  any  part  thereof,  and  all  machinery  of  all  kinds,  and  all  and  singular  the 
other  personal  property  of  any  nature,  kind  and  description  whatsoever,  be- 
longing to  the  Danville,  Urbana,  Bloomington,  and  Pekin  Eailroad  Company, 
and  all  real  estate  of  every  kind  belonging  to  the  said  Danville,  Urbana, 
Bloomington,  and  Pekin  Kailroad  Company,  wheresoever  the  same  may  be 
situated  ; and  also  all  franchises  connected  with  or  relating  to  the  said  rail- 
road, or  to  the  construction,  maintenance,  or  use  of  the  said  railroad,  and 
all  the  property,  franchises,  rights,  and  things  of  whatsoever  name  or  nature, 
now  held  or  hereafter  to  be  acquired  by  the  said  parties  of  the  first  part,  or 
their  successors,  together  with  all  and  singular  the  tenements,  hereditaments, 
and  appurtenances  to  the  said  railroad,  lands,  and  premises,  or  either  thereof, 
belonging,  or  in  any  wise  appertaining,  and  the  reversion  and  reversions, 
remainder  and  remainders,  tolls,  incomes,  revenues,  rents,  issues  and  profits 
thereof,  and  also  all  the  estate,  right,  title,  interest,  property,  possession, 
claim  and  demand  whatsoever,  as  well  in  law  as  in  equity,  of  the  said  parlies 
of  the  first  part,  of,  in,  and  to  the  same,  and  any  and  every  part  thereof, 
with  the  appurtenances,  to  have  and  to  hold  the  above-mentioned  and  de- 
scribed railroad,  branches,  real  estate,  personal  property,  and  premises, 
with  the  appurtenances,  unto  the  said  parties  of  the  second  part,  and  their 
successors  and  assigns,  to  the  only  proper  use,  benefit,  and  behoof  of  the 
said  parties  of  the  second  part,  and  their  successors  and  assigns,  In  Trust, 
nevertheless,  for  the  purposes  herein  expressed,  to  wit : 

Article  Fikst. — Until  default  shall  be  made  by  the  said  parties  of  the 
first  part,  their  successors  or  assigns,  in  the  payment  of  the  principal  or 
interest,  or  some  part  thereof,  of  the  said  bonds,  or  some  one  of  them,  or 
until  default  shall  be  made  in  some  payment  into  the  sinking  fund  hereinafter 
mentioned,  or  in  some  other  requirement  hereof,  the  said  parties  of  the  first 


32 


part,  their  successors  and  assigns,  shall  be  suffered  and  permitted  to  possess, 
manage,  operate,  and  enjoy  the  said  railroad  with  its  equipments  and  appur- 
tenances, and  also  the  lands  and  premises,  property  and  franchises  hereinbe- 
fore described  ; and  to  receive,  take,  and  use  the  tolls,  incomes,  revenues, 
rents,  issues,  and  profits  thereof,  in  the  same  manner,  and  with  the  same 
effect,  as  if  this  mortgage  had  not  been  made. 

Article  Second.  — In  case,  first,  default  shall  be  made  in  the  payment  of 
any  interest  on  any  of  the  said  bonds,  according  to  the  tenor  thereof,  or  of 
the  coupons  thereto  annexed,  or  in  the  payment  of  any  part  of  the  principal 
of  said  bonds,  or  any  of  them,  when  the  same  shall  become  due,  and  that 
any  such  default  shall  continue  for  the  period  of  six  months  ; or,  secondly, 
in  case  default  shall  be  made  in  any  payments  by  these  presents  required  to 
be  made  into  the  sinking  fund,  hereinafter  mentioned,  and  that  such  default 
shall  continue  for  the  period  of  six  months  ; or,  thirdly,  in  case  default  shall 
be  made  in  the  performance  or  observance  of  one  or  other  requirement 
hereof,  and  that  such  last-mentioned  default  shall  continue  for  the  period 
of  six  months,  then,  and  in  either  of  such  cases,  it  shall  be  lawful  for  the 
said  trustees,  or  their  successors,  personally  or  by  their  attorneys  or  agents, 
to  enter  into  and  upon  all  and  singular  the  railroads,  lands,  and  premises 
hereby  conveyed  or  intended  so  to  be,  and  each  and  every  part  thereof,  and 
to  have,  hold,  and  use  the  same,  operating  by  their  superintendents,  mana- 
gers, receivers,  or  servants,  or  other  attorneys  or  agents,  the  said  railroads, 
and  conducting  the  business  thereof,  and  making  from  time  to  time  all 
repairs  and  replacements,  and  such  useful  alterations,  additions  and  improve- 
ments thereto,  as  may  seem  to  them  to  be  judicious,  and  fo  collect  and  receive 
all  tolls,  freight,  incomes,  rents,  issues,  and  profits  of  the  said  railroads, 
lands,  and  premises,  and  of  every  part  and  parcel  thereof  ; and  after  deduct- 
ing the  expenses  of  operating  the  said  railroads  and  conducting  the  business 
thereof,  and  all  the  expenses  incurred  in  the  holding  and  management 
of  said  lands,  and  of  all  the  said  repairs,  replacements,  alterations,  addi- 
tions, and  improvements,  and  all  payments  which  may  be  made  for  taxes, 
assessments,  upon  the  said  premises,  or  any  part  or  parcel  thereof,  as  well  as 
just  compensation  for  their  own  services,  and  for  the  serAuces  of  such 
attorneys  and  counsel  as  may  have  been  by  them  employed,  to  apjily  the 
moneys  ai'ising  as  aforesaid  to  the  payment  of  interest  on  the  said  bonds,  in 
the  order  in  which  such  interest  shall  have  become  due,  ratably  to  the  per- 
sons holding  the  coupons  evidencing  the  right  to  such  interest ; and  after 
paying  all  interest  which  shall  have  become  due,  to  apply  the  said  moneys  to 
the  payment  of  the  principal  of  such  of  the  said  bonds  as  may  be  at  that  time 
unpaid,  ratably,  and  without  discrimination  or  preference,  and  if,  after  satis- 
faction thereof,  a surplus  shall  remain,  to  pay  over  such  surplus  to  the  said 
Company,  its  successors  or  assigns,  or  as  any  court  of  competent  jurisdiction 
shall  order. 

Article  Third.  — In  case  default  shall  be  made  as  aforesaid,  and  shall  con- 
tinue as  aforesaid,  it  shall  likewise  be  lawful  for  the  said  trustees,  or  their 


33 


successors,  after  entry  as  aforesaid,  or  other  entry,  or  without  entry,  person- 
ally, or  by  their  attorneys  or  agents,  to  sell  and  dispose  of  all  and  singular 
the  railroads,  lands  and  premises  hereby  conveyed,  or  intended  so  to  be,  at 
public  auction,,  at  the  city  of  New  York,  or  at  the  city  of  Urbana,  or  at  other 
such  place  within  the  State  of  Illinois  as  the  said  trustees  or  their  successors 
shall  designate,  and  at  such  time  as  they  may  appoint,  having  first  given 
notice  of  the  place  and  the  time  of  sale  by  advertisement  published  not  less 
than  three  times  a week,  for  six  weeks,  in  one  or  more  newspapers  published 
in  the  city  of  New  York,  and  also  in  one  or  more  newspapers  published  in 
the  State  of  Illinois,  and  wherever  else  required  by  law,  and  to  adjourn  the 
said  sale  from  time  to  time  in  their  discretion,  and  if  so  adjourning,  to  make 
the  same,  without  further  notice,  at  the  time  and  place  to  which  the  same 
may  be  so  adjourned,  and  to  make  and  deliver  to  the  purchaser  or  pur- 
chasers of  the  said  premises,  good  and  sufficient  deed  or  deeds  in  the  law  for 
the  same  in  fee-simple  ; which  sale  made  as  aforesaid  shall  be  a perpetual 
bar,  both  in  law  and  equity,  against  the  said  parties  of  the  first  part,  their 
successors  and  assigns,  and  all  other  persons  claiming  or  to  claim  the  said 
premises,  or  any  part  or  parcel  thereof,  by,  from,  through  or  under  the  said 
parties  of  the  first  part,  their  successors  or  assigns,  and  after  deducting  from 
the  proceeds  of  such  sale  just  allowances  for  all  expenses  thereof,  including 
attorneys’  and  counsel  fees,  and  all  other  expenses,  advances  or  liabilities, 
which  may  have  been  made  or  incurred  by  the  said  trustees  in  respect  to  the 
said  railroad,  lands,  premises,  or  any  part  or  parcel  thereof,  or  in  operating 
or  maintaining  the  said  railroad  or  any  part  thereof,  or  in  managing  the 
business  thereof,  while  in  their  possession,  and  in  arranging  for  and  com- 
pleting the  sale  aforesaid,  and  all  the  payments  which  may  have  been  made 
by  them  of  taxes  or  assessments  on  the  said  premises,  or  any  part  thereof, 
as  well  as  compensation  for  their  own  services,  to  apply  the  said  proceeds  to 
the  payment  of  the  principal  of  such  of  the  said  bonds  as  may  be  at  that 
time  unpaid  whether  or  not  the  same  shall  have  previously  become  due,  and 
of  the  interest  which  shall  at  the  time  have  accrued  on  the  said  principal, 
and  be  unpaid,  without  discrimination  or  preference,  but  ratably  to  the  ag- 
gregate amount  of  such  unpaid  principal  and  accrued  and  unpaid  interest  ; 
and  if  after  payment  of  the  same  in  full,  a surplus  shall  remain,  to  pay  over 
such  surplus  to  the  said  Company,  or  render  the  same  as  any  court  of  com- 
petent jurisdiction  shall  order. 

And  it  is  hereby  declared  and  agreed,  that  the  receipt  of  the  said  trustees 
shall  be  a sufficient  discharge  to  the  purchaser  or  purchasers  of  the  premises 
which  shall  be  sold  as  aforesaid,  for  his  or  their  purchase  money,  and  that 
such  purchaser  or  purchasers,  his  or  their  heirs,  executors  or  administrators, 
shall  not,  after  payment  thereof,  and  having  such  receipt,  be  liable  to  see  to 
the  application  of  such  purchase  money  upon  or  for  the  trust  or  purposes  of 
these  presents,  or  be  in  any  manner  whatever  answerable  for  any  loss,  mis- 
application or  non-application  of  such  purchase  money,  or  of  any  part  there- 
of, or  be  obliged  to  inquire  into  the  necessity,  expediency,  or  authority  of,  or 
for,  any  such  sale. 


3 


34 


Aeticle  Foueth. — At  any  sale  of  tlie  aforesaid  property,  or  of  any  part 
thereof,  whether  made  by  virtue  of  the  power  herein  granted,  or  by  judicial 
authority,  the  trustees  may,  in  their  discretion,  bid  for  and  purchase,  or  cause 
to  be  bidden  for  and  purchased,  the  property  so  sold,  or  any  part  thereof,  in 
behalf  of  the  holders  of  the  bonds  secured  by  this  instrument  and  then  out- 
standing, in  the  proportion  of  the  respective  interests  of  such  bondholders, 
at  a reasonable  price,  if  but  a portion  of  the  said  property  shall  be  sold  ; or, 
if  all  of  it  be  sold,  at  a price  not  exceeding  the  whole  amount  of  such  bonds, 
then  outstanding  with  the  interest  accrued  thereon. 

Aeticue  Fifth. — Incase  default  shall  be  made  in  the  payment  of  any  half 
year’s  interest  on  any  of  the  said  bonds,  at  the  time  and  in  the  manner  in 
the  coupon  issued  therewith  provided,  the  said  coupon  having  been  presented 
and  the  payment  of  the  interest  therein  specified  having  been  demanded, 
and  that  such  default  shall  continue  for  the  period  of  six  months  after  the 
said  coupon  shall  have  become  due,  and  been  demanded  as  aforesaid,  then 
and  thereupon  the  principal  of  all  the  said  bonds  shall,  at  the  election  of  the 
trustees,  become  immediately  due  and  payable  ; but  at  any  time  before  the 
interest  in  arrear  shall  be  paid,  a majority  in  interest  of  the  holders  of  the 
said  bonds  may,  by  an  instrument  in  writing,  under  their  hands  and  seals, 
instruct  the  trustees  to  declare  the  said  principal  to  be  due,  or  to  waive  the 
right  so  to  declare,  on  such  terms  and  conditions  as  such  majority  in  interest 
shall  deem  proper,  or  may  annul  or  reverse  the  election  of  the  trustees  ; pro- 
vided, that  no  action  of  the  trustees  or  bondholders  shall  extend  to,  or  be 
taken  to  affect,  any  subsequent  default,  or  impair  the  rights  resulting  there- 
from. 

Aeticle  Sixth. — The  said  trustees  shall  also,  in  their  discretion,  have  full 
power  to  convey  or  release,  upon  the  written  request  of  the  Danville,  Ur- 
bana,  Bloomington,  and  Pekin  Railroad  Company,  any  lands  acquired  or 
held  for  the  purpose  of  stations,  depots,  shops  or  other  buildings,  and 
shall  also  have  power  to  convey  or  release  as  aforesaid,  on  like  request, 
any  lands  or  property  which  in  their  judgment  shall  not  be  necessary  for 
use  in  connection  with  the  said  railroad,  or  which  may  have  been  held  for  a 
supply  of  fuel,  gravel,  or  other  material ; and  also  to  convey  or  release 
as  aforesaid,  on  like  request,  any  lands  not  occupied  by  the  track  which  may 
become  disused  by  reason  of  a change  in  the  location  of  any  station- 
house,  depot,  shop,  or  other  adjacent  building  connected  with  the  said 
railroad,  or  any  part  thereof,  and  such  lands  not  occupied  by  the 
track  and  adjacent  to  such  station-house,  depot,  shop,  or  other  building, 
as  the  said  Company  may  deem  expedient  to  disuse  or  abandon  by  reason 
of  such  change,  and  to  consent  to  any  such  change  and  to  such  other  changes 
in  the  location  of  the  track,  or  depot,  or  other  buildings,  as  in  their  judgment 
shall  have  become  expedient,  and  to  make  and  deliver  the  instruments  neces- 
sary or  proper  to  carry  the  same  into  effect ; but  any  lands  which  may  be 
acquired  for  permanent  use,  in  substitution  for  any  so  released,  shall  be  con- 
veyed to  the  trustees  upon  the  trusts  of  these  presents ; and  the  trustees 
shall  also  have  full  power  to  allow  the  said  Company  from  time  to  time  to 


35 


dispose  of,  according  to  its  discretion,  such  portions  of  the  equipment,  ma- 
chinery, and  implements  at  any  time  held  or  acquired  for  the  use  of  the  said 
railroad,  as  may  have  become  unfit  for  such  use,  replacing  the  same  by  new, 
which  shall  be  conveyed  by  the  said  Company  to  the  trustees,  or  to  be  other- 
wise made  subject  to  the  lien  and  operation  of  these  presents. 

Aetkile  Seventh.— On  the  first  day  of  April,  eighteen  hundred  and 
seventy-three,  and  on  the  first  day  of  April  in  each  succeeding  year  thereafter, 
the  said  parties  of  the  first  part,  their  successors  and  assigns,  for  the  further 
security  and  ultimate  redemption  of  the  bonds  intended  to  be  secured  hereby, 
and  for  the  creation  of  a sinking  fund  for  that  purpose,  shall  pay  to  the 
trustees  the  full  sum  of  ten  thousand  dollars.  And  the  trustees  shall  deposit 
the  sum  to  be  paid  over  to  them  in  the  Farmers’  Loan  and  Trust  Company 
in  the  city  of  New  York,  or  in  some  other  depository  which  shall  be  in  their 
judgment  safe.  And  the  said  moneys,  together  with  all  accumulations  of  in- 
terest thereon,  if  any,  which  may  actually  come  into  the  hands  or  within  the 
disposal  of  the  trustees,  shall  be  laid  out  and  invested  by  them  in  the  pur- 
chase of  bonds  secured  by  these  presents,  upon  the  most  favorable  terms 
on  which  they  can  be  purchased,  but  not  exceeding  the  par  of  the  said  bonds 
and  interest ; and,  preparatory  to  such  purchase  of  bonds,  the  said  trustees 
shall  give  ten  days’  notice  thereof  in  one  or  more  of  the  daily  newspapers 
published  in  the  city  of  New  York,  and  in  the  city  of  Urbana,  in  the  State  of 
Illinois,  and  shall  make  the  said  purchase  at  the  lowest  price  or  prices  at 
which  the  bonds  may  be  offered,  pursuant  to  such  notice,  or  at  such  lower 
price  or  prices  as  the  trustees  may  be  able  to  obtain  the  same  after  such 
notice  ; or  such  purchases  may  be  made  in  the  discretion  of  the  trustees,  at 
the  Brokers’  Board  in  the  city  of  New  York,  or  at  any  public  sale  in  said 
city  ; the  expenses  of  said  advertising  and  purchase  being  defrayed  out  of  the 
moneys  paid  to  the  trustees,  as  last  above  mentioned.  The  bonds  so  pur- 
chased, with  the  coupons  thereto  annexed,  shall  be  immediately  cancelled 
by  the  said  trustees,  and  a certificate  of  the  numbers  and  amoant  of  said 
bonds  shall  be  immediately  furnished  by  the  said  trustees  to  the  President  of 
the  said  Danville,  Urbana,  Bloomington,  and  Pekin  Eailroad  Company. 

In  case  bonds  secured  by  these  presents  cannot  be  purchased  at  par  and 
interest,  as  above  provided,  within  three  months  after  the  expiration  of  the 
notice,  as  aforesaid,  then  the  said  trustees  may,  in  their  discretion,  invest  the 
said  sinking  fund  moneys  in  such  securities  as  may  from  time  to  time  be  re- 
commended to  them  by  the  President  of  the  said  Danville,  Urbana,  Bloom- 
ington, and  Pekin  Kaihoad  Company,  for  the  time  being,  or  by  the  Board  of 
Directors  of  said  Company. 

Ajrticee  Eighth. — It  is  hereby  declared  and  agreed  that  it  shall  be  the 
duty  of  the  trustees  to  exercise  the  power  of  entry  hereby  granted,  or  the 
power  of  sale  hereby  granted,  or  both,  or  to  proceed  by  suit  or  suits,  in 
equity  or  at  law,  to  enforce  the  rights  of  the  bondholders  in  the  several  cases 
of  default  herein  specified,  in  the  manner  and  subject  to  the  qualifications 
herein  expressed,  upon  the  requisition  of  the  bondholders  herein  required,  as 
foUow^s  : 


36 


First — If  the  default  be  as  to  interest  or  principal  of  any  of  the  said 
bonds,  or  as  to  any  payment  into  the  sinking  fund  established  by  these 
presents,  upon  a requisition  in  writing,  signed  by  any  holder  or  holders  of 
not  less  than  one  hundi-ed  of  the  said  bonds,  and  a proper  indemnification 
by  such  holder  or  holders  to  the  trustees,  against  the  costs  and  expenses  to 
be  by  them  incurred,  it  shall  be  the  duty  of  the  trustees  to  enforce  the 
rights  of  the  bondholders  under  these  presents,  by  entry,  sale,  or  suit  or 
suits,  in  equity  or  at  law,  as  they,  being  advised  by  counsel  learned  in  the 
law,  shall  deem  most  expedient  for  the  interests  of  the  holders  of  said 
bonds  ; subject  to  the  power  hereby  declared  of  a majority  in  interest  of  the 
holders  of  said  bonds,  by  a requisition  in  writing  under  their  hands  and 
seals  to  instruct  the  said  trustees  to  waive  such  default  upon  the  actual  re- 
payment of  the  interest  in  arrear,  with  interest  thereon,  and  the  expenses  in- 
curred by  reason  thereof,  or,  upon  adequate  indemnity  as  aforesaid,  to  en- 
force the  rights  of  the  bondholders  by  reason  of  such  default ; provided,  that 
no  action  of  the  said  trustees  or  bondholders,  or  both,  in  waiving  such  default 
or  otherwise,  shaU  extend  to  or  be  taken  to  affect  any  subsequent  default,  or 
to  impair  the  rights  resulting  therefrom. 

Second.— the  default  be  in  the  omission  of  any  act  or  thing  required  by 
these  presents  for  the  further  assuring  the  title  of  the  trustees  to  any  prop- 
erty or  franchises  now  possessed,  or  hereafter  acquired,  or  in  the  omission 
to  comply  with  any  provision  of  these  presents  to  be  observed,  performed  or 
kept  by  the  said  Company,  then,  and  in  either  of  such  cases,  the  trustees 
may  enforce  in  their  discretion,  and  upon  the  requisition  as  aforesaid  of  a 
majority  in  amount  of  the  holders  of  the  bonds  secured  by  these  presents,  it 
shall  be  their  duty  to  enforce  the  rights  of  the  bondholders  by  reason  of  such 
default,  subject  to  the  power  hereby  declared  of  a majority  in  interest  of  the 
holders  of  the  said  bonds,  by  requisition  in  writing  to  instruct  the  said  trus- 
tees to  waive  such  default,  or,  upon  adequate  indemnity  as  aforesaid,  to  en- 
force the  rights  of  the  bondholders  by  reason  thereof ; provided,  that  no 
action  of  the  said  trustees  or  bondholders,  or  both,  in  waiving  such  default 
or  otherwise,  shall  extend  to,  or  be  taken  to  affect,  any  subsequent  default,  or 
to  impair  the  rights  resulting  therefrom. 

Article  Ninth. — If  the  parties  of  the  first  part  shall  well  and  truly  pay,  or 
cause  to  be  paid,  the  principal  of  the  said  bonds,  when  the  same  shall  be- 
come due,  and  all  interest  thereon,  when  the  same  shall  have  become  pay- 
able, and  shall  have  been  demanded,  according  to  the  tenor  of  said  bonds 
and  of  the  coupons  thereto  annexed,  and  shall  also  make  the  payments  into 
the  sinking  fund  aforesaid  by  these  presents  required,  and  comply  with  all 
other  requirements  hereof,  according  to  the  true  intent  and  meaning  of  these 
presents,  then  and  in  that  case,  the  estate,  right,  title,  and  interest  of  the 
said  parties  of  the  second  part,  and  their  successors  in  the  trust  hereby 
created,  shall  cease,  determine,  and  become  void  ; ©therwise,  the  same  shall 
be  and  remain  in  full  force  and  virtue. 


37 


Aeticle  Tenth.  — It  is  mutually  agreed  by  and  between  the  parties  hereto, 
that  the  said  trustees  shall  be  entitled  to  just  compensation  for  all  services 
which  they  may  hereafter  render  in  their  trust,  to  be  paid  by  the  said  Com- 
pany, or  out  of  the  income  of  the  property,  and  for  that  purpose  may  at 
any  time  apply  to  the  courts  without  notice  to  any  person,  except  the  said 
parties  of  the  first  part,  their  successors  or  assigns  ; that  said  trustees  or  their 
successors  may  resign  or  discharge  themselves  of  the  trust  created  by  these 
presents  by  notice  in  writing  to  the  said  Railroad  Company  three  months  be- 
fore such  resignation  shall  take  effect,  or  such  shorter  time  as  they  may  ac- 
cept as  adequate  notice,  and  upon  the  due  execution  of  the  conveyances 
hereinafter  required. 

That  in  case  at  any  time  hereafter  the  said  trustees  shall  resign  or  become 
incapable  to  act  in  the  said  trust,  their  succ  essor  or  successors  shall  be  ap- 
pointed by  them  with  the  cons  ent  of  the  said  Railroad  Company,  and  the 
trustee  or  trustees  so  appointed  shall  thereupon  become  vested  with  all  and 
singular  the  powers,  authorities,  and  estates  granted  to  or  conferred  upon  the 
parties  of  the  second  part  by  these  presents,  and  all  the  rights  and  interests 
requisite  to  enable  them  or  him  to  execute  the  purposes  of  this  trust,  without 
any  further  assurance  or  conveyance,  so  far  as  such  effect  may  be  lawful  ; 
but  the  parties  of  the  second  part  shall  immediately  execute  all  such  con- 
veyances and  other  instruments  as  may  be  fit  or  expedient  for  the  purpose  of 
assuring  the  legal  estate  in  the  premises  to  the  trustees  so  appointed.  Pro- 
vided, nevertheless,  and  it  is  hereby  declared  and  agreed,  that  in  case  it  shall 
at  any  time  hereafter  prove  impracticable  to  appoint  in  the  manner  before 
provided,  a successor  in  any  vacancy  which  may  have  happened  in  said 
trust,  application  in  behalf  of  all  the  holders  of  the  bonds  secured 
hereby  may  be  made  by  the  parties  of  the  second  part,  or  if  the  trust  be 
wholly  vacant,  by  holders  of  the  bonds  secured  hereby  to  the  aggregate 
amount  of  one  hundred  thousand  dollars,  to  any  Circuit  Court  of  the  United 
States,  for  any  Judicial  District  in  which  any  part  of  the  aforesaid  railroads 
may  be  situate,  or  to  any  other  court  of  competent  jurisdiction,  for  the  ap- 
pointment of  a new  trustee  or  new  trustees. 

And  the  said  parties  of  the  first  part,  for  themselves,  their  successors  and 
assigns,  in  consideration  of  the  premises,  and  of  one  dollar  to  them  duly 
paid  by  the  said  parties  of  the  second  part,  the  receipt  whereof  is  hereby  ac- 
knowledged, hereby  covenant  and  agree  to  and  with  the  said  parties  of  the 
second  part,  and  their  successors  or  assigns,  that  whenever,  and  as  often  as 
the  said  parties  of  the  first  part,  their  successors  or  assigns,  shall  hereafter 
acquire  any  lands,  or  any  equipment,  or  any  other  property  or  things,  of 
whatever  name  or  nature,  for  use  in  connection  with  the  said  railroad,  or  of 
any  part  of  either  thereof  or  of  any  other  raihroad  which  the  said  Company 
is  authorized  by  law  to  construct,  or  shall  acquire  any  other  property,  right, 
franchises,  or  things  whatsoever,  the  said  parties  of  the  first  part,  their  suc- 
cessors and  assigns,  shall  and  wiU  acquire,  possess  and  hold  the  same  and 
every  part  and  parcel  thereof,  upon  and  subject  to  the  trusts  of  this  inden- 
ture, until  conveyance  thereof,  in  pursuance  of  the  covenant  next  hereinafter 


38 


contained,  shall  be  duly  made  and  delivered  to  the  said  parties  of  the  second 
part,  or  their  successors  in  the  trust  by  these  presents  created. 

And  the  said  parties  of  the  first  part  for  themselves,  their  successors  and 
assigns,  in  consideration  of  the  premises,  and  of  one  dollar  to  them  duly 
paid  by  the  said  parties  of  the  second  part,  the  receipt  whereof  is  hereby 
acknowledged,  hereby  covenant  and  agree  to  and  with  the  said  parties  of  the 
second  part,  their  successors  and  assigns,  that  the  said  parties  of  the  first 
part,  their  successors  and  assigns,  shall  and  will  from  time  to  time,  and  at 
all  times  hereafter  and  as  often  as  thereunto  requested  by  the  trustees  under 
this  indenture,  execute,  deliver,  and  acknowledge  all  such  further  deeds, 
conveyances,  and  assurances  in  the  law  for  the  better  assuring  unto  the  said 
parties  of  the  second  part  and  their  successors  in  said  trust,  upon  the  trust 
herein  expressed,  the  railroads,  equipments,  appurtenances,  franchises,  prop- 
erty, and  things  hereinbefore  mentioned,  and  to  which  the  said  Company  is 
or  may  hereafter,  for  any  reason,  become  entitled,  or  which  the  said  Com- 
pany, its  successors  or  assigns,  may  in  any  manner  acquire,  and  also  all 
other  property,  rights,  franchises  and  things  whatsoever  which  may  hereafter 
be  acquired  by  the  said  parties  of  the  first  part,  their  successors  or  assigns, 
as  by  the  said  trustees,  or  their  counsel  learned  in  the  law,  shall  be  reason- 
ably advised,  devised,  or  acquired.  And  it  is  also  mutually  understood  and 
agreed  between  the  parties  hereto,  that  the  said  parties  of  the  second  part, 
and  their  successors  in  said  trust,  shall  be  accountable,  liable  or  responsible 
for  reasonable  care  and  diligence  only  in  the  performance  of  the  trusts  hereby 
created,  and  in  the  management  of  the  said  estate  and  property,  in  like 
manner  as  a bailee  without  reward,  and  shall  not  be  accountable,  liable  or 
responsible  for  the  acts  of  any  agent,  depositary  or  substitute  employed  by 
him  or  them,  when  such  agent,  depositary  or  substitute  shall  have  been 
selected  with  reasonable  discretion. 

In  witness  thereof,  the  said  parties  of  the  first  part  have 
caused  their  corporate  seal  to  be  hereto  affixed,  and  the 
same  to  be  attested  by  the  signatures  of  their  President  and 
[seal.]  Secretary,  and  said  parties  of  the  second  part  have  caused 
their  corporate  seal  to  be  hereto  affixed,  and  the  same  to 
be  attested  by  the  signatures  of  their  President  and  Secre- 
tary, to  evidence  their  acceptance  of  the  trust  hereby  cre- 
ated, the  day  and  year  first  above  written. 

C.  B.  Geigus, 

W.  J.  Ermentkout,  President. 

Secretary. 


CERTIFICATES, 


State  of  New  York, 
City  and  County  of  New  York, 


Be  it  remembered  that  on  this  thirteenth  day  of  April,  in  the  year  of  our 
Lord  one  thousand  eight  hundred  and  sixty-nine,  in  the  city  and  county 
aforesaid,  before  me,  Frederic  N.  Dodge,  a Commissioner  residing  in  said 
city,  duly  appointed  a Commissioner  by  the  Governor  of  the  State  of  Illinois 
to  take  the  acknowledgment  and  proof  of  the  execution  of  deeds  and  other 
instruments  in  writing,  under  seal,  to  be  used  and  recorded  in  said  State, 
personally  appeared  E.  G.  Eolston,  President,  and  G.  P.  Fitch,  Secretary,  of 
the  Farmers’  Loan  and  Trust  Company,  who  are  personally  known  to  me  to 
be  the  persons  whose  names  are  subscribed  to  the  foregoing  indenture,  or  in- 
strument, as  having  executed  the  same  ; and  the  said  E.  G.  Eolston,  Presi- 
dent, and  G.  P.  Fitch,  Secretary,  of  the  said  Farmers’  Loan  and  Trust 
Company,  being  by  me  severally  duly  sworn,  deposed  and  said,  each  for  him- 
self, that  they  reside  in  the  city  of  New  York  ; that  the  seal  affixed  to  the 
foregoing  indenture,  or  instrument,  is  the  corporate  seal  of  the  Farmers’ 
Loan  and  Trust  Company,  and  was  affixed  thereto  by  the  authority  and  order 
of  the  said  Farmers’  Loan  and  Trust  Company,  and  that  they  subscribed 
their  names  thereto  by  like  authority  and  order  as  such  President  and  Secre- 
tary respectively,  and  for  the  uses  and  purposes  expressed  in  said  instrument. 


In  witness  whereof  I have  hereunto  set  my  hand  and  affixed 
[seal.]  my  official  seal,  as  Commissioner  of  the  said  State  of  Illi- 
nois, at  my  office,  in  the  city  and  State  of  New  York,  this 
13th  day  of  April,  A.  D.  1869. 

(Signed)  Frederic  N.  Dodge, 

Commissioner  of  the  State  of  Illinois 

for  the  City  of  New  York. 


State  of  New  York, 

City  and  County  of  New  York, 


Be  it  remembered  that  on  this  third  day  of  May,  in  the  year  of  our  Lord 
one  thousand  eight  hundred  and  sixty-nine,  in  the  city  and  county  aforesaid, 
before  me,  Frederic  N.  Dodge,  a Commissioner  residing  in  said  city,  duly 
appointed  a Commissioner  by  the  Governor  of  the  State  of  Illinois  to  take 


40 


the  acknowledgment  and  proof  of  the  execution  of  deeds  and  other  instru- 
ments in  wilting,  under  seal,  to  be  used  and  recorded  in  said  State  of  Illinois, 
personally  appeared  C.  R.  Griggs,  President  of  the  Danville,  Urbana,  Bloom- 
ington, and  Pekin  Railroad  Company,  who  is  personally  known  to  me  to  be 
the  person  whose  name  is  subscribed  to  the  foregoing  indenture,  or  instru- 
ment, as  having  executed  the  same  as  such  President , and  the  said  C.  R. 
Griggs,  being  by  me  duly  sworn,  did  depose  and  say  that  he  resided  in  the 
city  of  Urbana,  county  of  Champaign,  and  State  of  Illinois  ; that  he  was  the 
President  of  the  said  The  Danville,  Urbana,  Bloomington,  and  Pekin  Rail- 
^^oad  Company  ; that  the  seal  affixed  to  the  foregoing  indenture,  or  instru- 
ment, was  the  corporate  seal  of  the  said  The  Danville,  Urbana,  Bloomington, 
and  Pekin  Railroad  Company,  and  was  so  affixed  by  authority  and  order  of 
the  Board  of  Directors  of  said  Company,  and  that  he  signed  his  name  thereto 
by  like  authority  and  order  as  President  of  said  Company  ; and  the  said  C. 
R.  Griggs  acknowledged  to  me  that  he  had  executed  the  said  indenture,  or  in- 
strument, and  sjgned,  sealed,  and  delivered  the  same  as  the  free  and  voluntary 
act  and  deed  of  the  said  The  Danville,  Urbana,  Bloomington,  and  Pekin 
Railroad  Company,  for  the  uses  and  purposes  therein  expressed. 

In  witness  whereof  I have  hereunto  set  my  hand  and  affixed  my 
[seal.]  official  seal,  as  Commissioner  of  the  said  State  of  Illinois,  at  my 
office,  in  the  city  of  New  York,  this  3rd  day  of  May,  A.  D.  1869. 

(Signed)  Feedekic  N.  Dodge, 

Commissioner  of  the  State  of  Illinois 

for  the  City  of  New  York. 


State  of  New  Yoek, 

City  and  County  of  New  York. 


Be  it  remembered  that  on  this  3d  day  of  May,  one  thousand  eight  hundred 
and  sixty-nine,  in  the  city  and  county  aforesaid,  before  me,  Frederic  N. 
Dodge,  a Commissioner,  residing  in  said  city,  duly  appointed  a Commissioner 
by  the  Governor  of  the  State  of  Illinois  to  take  the  acknowledgment  and 
proof  of  the  execution  of  deeds  and  other  instruments  in  writing  under  seal, 
to  be  used  and  recorded  in  said  State  of  Illinois,  personally  appeared  W.  J. 
Ermentrout,  Secretary  of  the  Danville,  Urbana,  Bloomington,  and  Pekin 
Railroad  Company,  who  is  personally  known  to  me  to  be  the  person  whose 
name  is  subscribed  to  the  foregoing  instrument  or  indenture  as  having  exe- 
cuted the  same  as  such  Secretary,  and  the  said  W.  J.  Ermentrout,  being  by 
me  duly  sworn,  did  depose  and  say  that  he  resided  in  the  city  of  Urbana, 
county  of  Champaign  and  State  of  Illinois;  that  he  is  the  Secretary  of  the  said 
The  Danville,  Urbana,  Bloomington  and  Pekin  Railroad  Company  ; that  the 
seal  affixed  to  the  foregoing  indenture  or  instrument  is  the  corporate  seal  of 
the  said  The  Danville,  Urbana,  Bloomington  and  Pekin  Railroad  Company, 
and  was  so  affixed  by  authority  and  order  of  the  Board  of  Directors  of  said 
Company,  and  that  he  signed  his  name  thereto  by  like  authority  and  order, 
as  Secretary  of  said  Company  ; and  the  said  W.  J.  Ermentrout  acknowledged 


41 


to  me  that  he  had  executed  the  said  indenture,  or  instrument,  as  the  free  and 
voluntary  act  and  deed  of  the  said  The  Danville,  Urbaua,  Bloomington  and 
Pekin  Bailroad  Company  for  the  uses  and  purposes  therein  expressed. 

In  witness  whereof,  I have  hereunto  set  my  hand  and  affixed 
my  official  seal,  as  Commissioner  of  the  State  of  Illinois,  at 
[seal  ] my  office  in  the  city  of  New  York,  this  3d  day  of  May,  A.  D. 
1869. 

(Signed)  Feederic  N.  Dodge, 

Commissioner  of  the  State  of  Illinois 

for  the  City  of  JSew  York. 


United  States  of  America,  ) 

State  of  Illinois.  j Office  of  Secretary  of  State. 

I,  Edward  Kummel,  Secretary  of  State  of  Illinois,  hereby  certify  that  Frede- 
lic  Dodge,  before  whom  the  acknowledgment  of  the  foregoing  instrument 
was  made,  is  now  and  was  at  the  time  of  taking  thereof,  a Commissioner  of 
this  State  in  and  for  the  city  of  New  York  in  the  State  of  New  York,  duly  au- 
thorized and  empowered  by  law  to  take  the  same  ; that  I have  compared  the 
signature  to  the  same,  and  the  impression  of  the  seal  thereto  attached,  with 
the  official  signature  and  seal  of  the  said  Commissioner,  on  file  in  this  office, 
and  verily  believe  them  to  be  the  genuine  official  seal  and  signature  of  the 
said  Commissioner. 

In  wdtness  whereof,  I hereto  set  my  hand  and  affix  the  great 
[seal.]  seal  of  State,  at  the  city  of  Springfield,  this  7th  day  of  May, 
A.  D.  1869. 

(Signed)  Edward  Bummel, 

Secretary  of  State. 


State  of  Illinois,  | 

Champaign  County,  ) 

I,  E.  T.  Whitcomb,  Clerk  of  the  Circuit  Court,  and  ex-officio  Becorder 
wuthin  and  for  said  county,  in  the  State  aforesaid,  do  hereby  certify  that  this 
mortgage  or  trust  deed  w'as  filed  for  record  in  my  office,  the  fifth  day  of  May, 
A.  D.  1869,  at  the  hour  of  4 o'clock  p.  m.,  and  duly  recorded  in  Book  “ U ” 
of  Mortgages,  on  page  91. 

E.  T.  Whitcomb, 

Clerk. 


State  of  Illinois,  ) 

Piatt  County.  J ' 

I,  William  T.  Foster,  Clerk  of  the  Circuit  Court  and  ex-officio  Becorder  in 
and  for  said  county  and  State,  do  hereby  certify  that  the  above  and  foregoing 


42 


mortgage  or  trust  deed  was  filed  for  record  in  my  office  this  fifth  day  of  May, 
A.  D.,  1869,  and  duly  recorded  in  Book  “T  ” of  Mortgages,  page  65,  etc. 

In  witness  whereof,  I have  hereunto  set  my  hand  and  official 
[seal.]  seal  of  office  at  Monticello,  this  5th  day  of  May,  A.  D.  1869. 
(Signed)  W.  T.  Foster, 

Clerk  Circuit  Court  and  ex-officio  Eecorder. 


State  of  Illinois,  ) 

Vermillion  County,  j 

I,  George  Dillon,  Clerk  of  the  Circuit  Court  of  said  county  and  ex-officio 
Recorder  of  said  county,  do  hereby  certify  that  this  mortgage  or  trust  deed 
was  filed  for  record  in  my  office  on  the  5th  day  of  May,  A.  D.  1869,  at  the 
hour  of  ten  o’clock  a.  m.  and  duly  recorded  in  Book  No.  8 of  Mortgages  of  said 
county  and  on  page  500,  etc. 

Witness  my  signature  and  seal  of  said  Court  at  Danville, 
[seal.]  May  5,  1869. 

(Signed)  George  Dillon, 

Clerk  and  ex-officio  Eecorder. 


State  of  Illinois,  ) 

De  Witt  County,  j 

I,  William  L.  Chambers,  Clerk  of  the  Circuit  Court  and  ex-officio  Recorder 
in  and  for  said  county  and  State,  do  hereby  certify  that  the  above  and  fore- 
going mortgage  or  trust  deed  was  filed  for  record  in  my  office  this  6th  day  of 
May,  A.  D.  1869,  and  duly  recorded  in  Book  No.  4 of  Mortgages,  on  page 
372,  etc. 

In  witness  whereof  I have  hereunto  set  my  hand  and  seal  of 
[seal.]  office,  this  5th  day  of  May,  1869. 

(Signed)  W.  L.  Chambers, 

Clei'k. 


State  of  Illinois,  ) 

McLean  County,  J ’ Recorder’s  Office. 

I,  Robert  E.  Guthrie,  Clerk  of  the  Circuit  Court  and  ex-officio  Recorder  in 
and  for  said  county,  in  the  State  aforesaid,  do  hereby  certify  that  there  was 
filed  for  record  in  this  office,  on  this  6th  day  of  May,  A.  D.  1869,  a mortgage 
or  trust  deed,  or  instrument,  in  writing,  bearing  date  the  1st  day  of  April, 
A.  D.  1869,  at  3^  o’clock  p.  m.,  from  The  Danville,  Urbana,  Bloomington, 
and  Pekin  Railroad  Company  to  the  Farmers’  Loan  and  Trust  Company, 
New'  York. 

In  witness  whereof  I have  hereunto  set  my  hand  and 
[seal.  ] official  seal,  the  day  and  year  first  above  wu’itten. 

(Signed)  Robert  E.  Guthrie, 

Clerk. 


State  of  Illinois,  ) 

Tazeioeil  County,  f 

I,  William  P.  Allensworth,  Clerk  of  the  Circuit  Court  and  ex-officio  Re- 
corder within  and  for  said  county,  in  the  State  aforesaid,  do  hereby  certify 
that  this  trust  deed,  or  mortgage,  was  filed  for  record  in  my  office  the  6th 
day  of  May,  A.  D.  1869,  at  the  hour  of  8 o’clock  p.  m.,  and  duly  recorded  in 
Book  “N,”  Mortgages,  on  page  306,  etc. 

[seal.]  Witness  my  hand  and  the  seal  of  said  Court. 

(Signed)  Wiitjam  P.  Allensworth, 

Clerk. 


i 


oi/ford  Bros. 
Makers 
Syracuse,  N.  Y. 
PAT.  JAfT.  2\.  1998 


JUHNO'S- 


UNIVERS>TV 

385.4  0237f  COOJ 

first  mortgage  save 


cent  gotd  bonds 


088292302 


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